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G-OYEENMENT 


ITS OEIGIH'; GEOWTH, AND FOEM 
IN THE UNITED STATES 


BY 

EGBERT LANSING, B.A. 

ATTORNFT AT LrAYT 
AND 

GARY M. JONES, M.A. 

PEINCIPAIj of the WATERTOWN, NEW YORK, HIGH SCHOOL 



SILVER, BURDETT AND COMPANY 
NEW YORK BOSTON CHICAGO 


OOPTRIGHT, 1902, BY 
isILVER, BURDETT AND COMPANF 


V 


PREFACE 


The majority of text-books on civil government in the 
United States have followed one of two methods in their 
treatment of the subject. One introduces the student 
directly to existing institutions and explains their func¬ 
tions, with little or no attempt to show their origin. The 
other begins with the more imperfect forms of local gov¬ 
ernment and builds up from these to the federal system. 
However logical eitlier of these methods may appear, ex¬ 
perience has shown that the average student, conversant 
with American history and not that of his State, is much 
more familiar with the form and powers of the general 
government than he is with those of local governments. 
It was this fact that induced the authors to prepare this 
work on the Federal Government, in the hope that the 
student having thus gained an acquaintance with this, 
the more perfect system, would be better equipped to 
take up the study of his more complex State and local 
governments. 

Furthermore, it was considered of the utmost impor- 
..ance, before discussing the present federal system, to 
familiarize the student with those general principles upon 
which all governments rest, and with the source and 
growth of free institutions in England and her colonial 
possessions in America. This is done in Parts First 
and Second. The abstract principles are defined and 


iv 


PREFACE 


explained by appropriate illustrations, and the growth of 
civil liberty is traced historically from its Anglo-Saxon 
origin to its final development in the Constitution of the 
United States. By these means the student has had an 
opportunity to apply his knowledge of American history, 
to understand the causes which led to the Be volutionary 
A¥ar and their logical result, to appreciate the force of 
the Declaration of Independence and the reasons for the 
failure of the Confederacy. He should understand why 
a new constitution was necessary, upon what principles 
it should rest, and what should be the general form and 
powers of the government to be established. But, if the 
time devoted to civics is too brief to warrant this histori¬ 
cal examination. Part Second may be passed over with¬ 
out affecting the treatment of the national government. 

Part Third contains a critical and analytical study of 
the Federal Constitution, with such historical references 
as are necessary to explain its provisions. The sections 
and clauses are inserted in the text for the convenience 
of the student and to insure careful study of the lan¬ 
guage of the Constitution. Unless these are so clear and 
simple as to demand no explanation, they are analyzed 
and commented on in the light of the most recent judicial 
decisions, official interpretations and opinions of promi¬ 
nent jurists; and when of peculiar interest, the language 
of these authorities is quoted. Besides this critical ex¬ 
amination of the Constitution, the practical workings of 
the different branches of the Federal Government are 
explained, with especial reference to the extension or 
modification of their functions by statute, custom and 
practice. 


PREFACE 


V 


Part Fourth contains a concise review of the principles 
of international and municipal law. Jurisprudence is 
not properly a branch of civics, but the conduct of the 
foreign and domestic affairs of the nation is so inter' 
woven with questions of law that a general knowledge 
of this subject is essential to a right understanding of 
government in the United States. 

The purpose of-the whole work is to furnish the student 
with principles and facts which will be of practical value 
to him in the exercise of the rights of citizenship, and to 
present them in such a way as to impress upon him the 
responsibilities which rest upon every citizen of the Re¬ 
public in the performance of his public duties. 

The authors desire to express their thanks for the assist¬ 
ance and kindly criticism which they have received during 
the preparation of this work from Mr. Justice Harlan, 
Honorable John T. Morgan, Honorable John W. Foster, 
Andrew H. Allen, Esq., James M. Milne, Esq., and Prin¬ 
cipal William K. Wickes. 

Robert Lansing. 

Gary M. Jones. 

Watertown, N. Y. 



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PREFACE 


V 


Part Fourth contains a concise review of the principles 
of international and municipal law. Jurisprudence is 
not properly a branch of civics, but the conduct of the 
foreign and domestic affairs of the nation is so in ter ^ 
woven with questions of law that a general knowledge 
of this subject is essential to a right understanding of 
government in the United States. 

The purpose of the whole work is to furnish the student 
with principles and facts which will be of practical value 
to him in the exercise of the rights of citizenship, and to 
present them in such a way as to impress upon him the 
responsibilities which rest upon every citizen of the Re¬ 
public in the performance of his public duties. 

The authors desire to express their thanks for the assist¬ 
ance and kindly criticism which they have received during 
the preparation of this work from Mr. Justice Harlan, 
Honorable John T. Morgan, Honorable John W. Foster, 
Andrew H. Allen, Esq., James M. Milne, Esq., and Mr. 
William K. Wickes. 

Robert Lansing. 

Gary M. Jones. 

Watertown, N. Y. 




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CONTENTS 


PART FIRST. 

ORIGIN AND DEVELOPMENT OF GOVERNMENT. 

CHAP. PAGE 

T. Principles of Government ..... 3 

Jl. Classification of Governments .... 9 

PART SECOND. 

RISE OF AMERICAN INSTITUTIONS. 

I. Source of American Institutions .... 19 

II. Growth of American Independence ... 25 

III. The Revolutionary Government .... 32 

IV. Outline of the Articles of Confederation . . 35 

V. The Government under the Articles of Confeder¬ 
ation . 39 

VI. The State Governments ...... 42 

l^II. The Constitutional Convention .... 46 

PART THIRD. 

THE FEDERAL GOVERNMENT. 

I. The Preamble of the Constitution ... 52 

II. The Legislative Branch. 56 

1. Congress ........ 56 

2. Senators and Representatives .... 64 

3 . Organization and Method of Work . . .71 







CONTENTS 


Vlll 

CHAP. 


III. 


IV. 


V. 

VI. 

VII. 


I. 


II. 


I. 

II. 

III. 


4. Legislative Powers . . . « • 

5. Legislative Prohibitions .... 

6. Peculiar Powers of Senate and House . . 

7. The President and Legislation . , , 

The Executive Branch. 

1. The President and Vice-President . . . 

2. Executive Powers . . . ; . 

3. The Executive Departments ... 

4. Duties of the Executive . . . . 

The Judicial Branch . . . . , 

1. TheFederalJudiciary . . . , . 

2. The Jurisdiction of the Federal Courts , 

The States and Territories . . . , 

General Provisions ....,« 
Amendments ..... b b 


PAET POUKTH. 


PRINCIPLES OF LAW. 


International Law .... * 

1. Rules in Time of Peace 

2. Rules in Time of War .... 

3. Obligations of Belligerents to Each Other 

4. Obligations of Neutrals and Belligerents to 

Other ..... 

Municipal Law .. 

1. Civil Rights ..... 

2. Wrongs ...... 


Each 


APPENDICES. 

The Declaration of Independence . 
Delegates to the Constitutional Convention 
Constitution of the United States 


PAGB 

80 

107 

115 

117 

120 

120 

129 

134 

148 

154 

154 

162 

170 

181 

183 


190 

190 

194 

194 

196 

202 

202 

215 


223 

227 

229 








ABBREVIATIONS 

Am, & Eng. Ency. of Law, American and English Encyclo 
pedia of Law. 

Blackstone, Commentaries. 

Bouvier, Bouvier’s Law Dictionary, 

Cooley, Cooley on Constitutional Law. 

Int. Diet., Webster’s International Dictionary. 

Kent, Commentaries on American Law. 

Maine, Ancient Law. 

Rutherford, Institutes. 

Story, Commentaries on the Constitution. 

Tomlins, Tomlins’ Law Dictionary. 

Va. Cas., Virginia Cases. 

Vattel, The Law of Nations. 

Italics in quotations are the authors’. 



PART FIRST. 


THE ORIGIN AND DEVELOPMENT OF GOVERNMENT. 
CHAPTER I. 

PRINCIPLES OF GOVERNMENT. 

Society. — If a man did not come in contact and have 
relations with other men, he might live where he pleased 
and do what he wished; that is, his actions would be un¬ 
restricted, except as he is responsible to God. He is in a 
state of Natural Liberty. Man, however, has constant in¬ 
tercourse with his fellows, and his actions are affected by 
or interfere with theirs; thus his freedom to act as he 
wishes limits or is limited by the freedom of another just 
so far as their actions conflict. The sole inhabitant of an 
island would be unrestricted in his action, but two individ¬ 
uals would find circumstances in which their wishes would 
conflict, and one or the other would have to yield. This 
relationship is called Society., in which man’s Natural 
Liberty is limited and becomes Civil Liberty. 

Natural Liberty ; The power of acting as one thinks fit, 
without any restraint or control, unless by the law of nature. — 
Blackstone. 

Civil Liberty : Natural Liberty so far restrained by human 
laws as is necessary and expedient for the public good. — Minor. 

State. — As men sustain such relations to one another, 
those living in one place or region unite for the purpose 


4 ORIGIN AND DEVELOPMENT OF GOVERNMENT 


of common protection and interest. Such a union is 
termed a State or Nation^ and by some writers a Civil 
Society. A state is therefore formed upon the principle 
of cooperation. Thus, a country attacked by enemies 
would be more successfully defended if the inhabitants 
united their efforts of resistance than if each attempted 
to protect only his own dwelling. 

State ; Nation : A body politic, or society of men, united together 
for the purpose of promoting their mutual safety and advantage by 
the joint efforts of their combined strength. Cooley ; Bouvier. 

Civil Society: By civil society is usually understood a state, 
a nation or body politic. Rutherford. 

Rights; Sovereignty; Law. — In every State every 
individual possesses certain well-defined powers or 
privileges, called Bights, which entitle him to conduct 
himself within certain limits in such a manner as will 
promote his happiness or profit. Thus, every man is 
entitled to the rights of ‘^life, liberty and the pursuit of 
happiness”; that is, to live and to live as he pleases, to 
go where he pleases and to act as he pleases, provided 
he does not interfere with the rights of others. In order 
to protect the individual in the exercise of his rights 
and to limit the actions of each so as to give the greatest 
freedom to all, certain rules of conduct, called Laws, are 
necessary. To be effective, these laws must originate 
from a competent source ; and the individual or body of 
individuals having the supreme power to declare the laws 
in a state is called its Sovereign. 

Right: That which anyone is entitled to have, or to do or to 
require from others within the limits prescribed by law. Kent. 

Rights are divided into: 

A.—Political—The right to take part in the government, such 
as to vote and hold office. 


PRINCIPLES OF GOVERNMENT 5 


B.—Gvil. 

a. —Absolute or Natural. 

The right of Life. ) 

The right of Liberty. V ^ f''®'" 

The right of Property. ) birth. 

b. —Relative. 

1— Public—The right of protection by the government. 

2— Private—Which grow out of the relations of 

Husband and wife, 

Parent and child, 

Guardian and ward. 

Master and servant. 

Sovereign: The person, body or state in which independent 
and supreme authority is vested. Int. Diet. 

Sovereignty : The union and exercise of all human power possessed 
in a state; it is a combination of all power; it is the power to do every¬ 
thing in a state without accountability. Story. 

That public authority which commands in civil society and orders 
and directs what each is to perform, to obtain the end of its institu¬ 
tion. Vattel. 

Law: A rule of civil conduct prescribed by the supreme power in 
a state. Bouvier. 

A rule of life. Maine. 

Law in its most general and comprehensive sense signifies a rule of 
action; and it is applied indiscriminately to all kinds of action, whether 
animate or inanimate, rational or irrational. Thus we say, the laws 
of motion, of gravitation, of optics or mechanics, as well as the law of 
nature and of nations. And it is that rule of action which is prescribed 
by some superior, and which the inferior is bound to obey. Blackstone. 

When Law is applied to any other object than man, it ceases to 
contain two of its essential ingredients, disobedience and 'punishment 
Tomlins. 

Government.—A law will not accomplish its pur¬ 
pose unless all the individuals in a state, to whom it 
applies, obey it in the same way ; and this equal obedi¬ 
ence is, therefore, compelled by the sovereign or repre¬ 
sentatives of the sovereign. The province of a sovereign 
is, then, to make and enforce, directly or indirectly, the 


6 OEIGIN AND DEVELOPMENT OF GOVERNMENT 


laws of a state ; and this act is termed government. The 
word “ government ” is used not only to express the acts 
of sovereignty, but also the agents by means of which the 
sovereign performs these acts. Thus, in the United 
States the sovereignty is vested in the people ; the Presi¬ 
dent, Congress and Courts are the instruments to execute 
the sovereign’s will, and are called ^‘the Government.” 

Government (first sense): The control, direction and regulation 
of public or private affairs. Am. & Eng. Ency. of Law. 

Government (second sense): That institution or aggregate of 
institutions by which a state makes and carries out those rules of 
action which are necessary to enable men to live in a social state, or 
which are imposed upon the people forming a state. Bouvier. 

Powers of Government.—As the sovereign’s power is 
supreme, a government’s duties can be determined and 
its authority limited only by the sovereign ; and a gov¬ 
ernment, being the representative of the sovereign, has 
power over the life, liberty and property of every indi¬ 
vidual in the state ; but this sovereign power can be 
justly exercised only under certain conditions. 

The conditions under which a government vcvaj justly 
deprive him of these rights are : 

1. When a person wrongfully interferes with another’s 
rights, the government may compel him to forfeit a part 
or all of his own rights. All disobedience to the laws is 
such an interference ; and the forfeiture imposed by the 
government is termed Punishment. 

2. When the state is in danger, the government may 
require the life, liberty or property of any member of 
the state. In case of war the enforced service in the 
army (called conscription or draft) and the taking and 
using an individual’s property without his consent and 


PRINCIPLES OP GOVERNMENT 


7 


without paying him for it (called confiscation) are ex¬ 
amples. 

The rights of a state to preserve socia. order and to 
protect itself are superior to the rights of any individual 
member. 

Branches of Government.—A government, whatever 
its form may be, executes the will of the sovereign by 
the exercise of three distinct functions, known as Legis¬ 
lative, Judicial and Executive. 

The Legislative function consists in maMng laws ; that 
is, in announcing the sovereign will in regard to any 
matter. 

The Judicial function consists in interjoreting the laws 
in their application to individual cases. 

The Executive function consists in enforcing the laws. 

These distinct functions may be exercised by the gov¬ 
ernment as a whole, or by two or three separate branches, 
which are named after the functions which they perform. 

In nearly all states the executive head selects men to 
act as advisers and to share in the duties of enforcing the 
sovereign’s will. These advisers arc called a Council of 
State^ a Ministry^ or a Cabinet. In some states, as in 
England, this advisory body is substantially a committee 
of the dominant party in the legislative branch and 
possesses the executive authority. In such cases the 
Ministry is termed the ‘‘Government.” 

Constitution. — A government’s authority may be 
limited and defined by certain principles, which have 
been declared or accepted by the sovereign. These prin¬ 
ciples of government are termed a Constitution. Consti¬ 
tutions are either unAvritten, as that of Great Britain, or 


8 ORIGIN AND DEVELOPMENT OF GOVERNMENT 


written, as those of the United States and the German 
Empire. In a state which has a written constitution 
the word is used not only to indicate the principles of 
government, but also the document itself. 

Constitution : A fundamental law or basis of government. Story. 

The fundamental laws of a state, directing the principles upon 
which the government is founded and regulating the exercise of the 
sovereign powers. Bouvier. 

That by which the powers of government are limited. IVa. Cas. 24. 

Written Constitutions are the product of modern ideas of 
civil government. Although the Grecian cities and some of the Italian 
republics possessed written laws in the nature of constitutions, it may 
be said that the “ Fundamental Orders of Connecticut,” drafted by 
Thomas Hooker and his friends in 1639 and substantially confirmed 
b}* the charter granted by Charles II. in 1662, was the first written 
constitution providing a complete form of government. And so re¬ 
publican was this instrument that it remained in force for forty years 
after Connecticut became an independent state. 


CHAPTEK II. 


CLASSIFICATION OF GOVERNMENTS. 

Divisions.—In considering the different forms of gov¬ 
ernments there are two general divisions : Single Gov¬ 
ernments and Confederated or Federal Governments. 

A Single Government is that of a single state in which 
there is a single sovereignty. 

A Confederated or Federal Government is that of a 
Confederacy or Union. A Confederacy or Union is 
formed by an agreement between two or more single, 
independent states for mutual protection and benefit, by 
which each state retains a portion of its sovereign power, 
but surrenders to the confederacy as much as is necessary 
to carry out the purposes of the agreement. The word 
‘‘confederation” is used commonly as a synonym of 
“confederacy,” but in its strict sense the former is the 
agreement to unite, and the latter the resulting union, 

SINGLE GOVERNMENTS, 

Basis of Classification.—Single Governments are com¬ 
monly classified according to the character of the 
sovereignties which they represent. 

Classification.—From the time of the earliest writers, 
governments have been divided into three general 
classes : Monarchies, Aristocracies and Democracies. 


10 OEIGIN AND DEVELOPMENT OP GOVERNMENT 


These are based, respectively, upon the three general 
forms of sovereignty—(1) by an individual, (2) by a class 
of individuals, and (3) by all the members of a state. 

1. Monarchies.—A Monarchy is a government by one 
person, in whom is the sovereignty. The ruler—that is, 
the individual who governs—is called a monarch, sov¬ 
ereign, king, emperor, etc., while those over whom he 
rules are called his subjects^ and possess no part of the 
sovereignty. Among these is a certain class of individ¬ 
uals, termed nobles, who have been granted special priv¬ 
ileges by the sovereign. They bear such titles as mar¬ 
quis, earl, viscount, baron, etc., and constitute the nobility 
or aristocracy of the country. 

Principalities and Duchies are small monarchies, whose 
sovereignties are in princes and dukes. 

a. Division as to Power. —Monarchies are divided into 
two classes : Absolute Monarchies and Limited or Con¬ 
stitutional Monarchies. 

Absolute Monarchy .—An Absolute Monarchy is one 
in which the acts of the ruler are unlimited by any prin¬ 
ciples of government. Such a monarchy is also called 
an Autocracy—as in the case of Russia, whose ruler is 
often termed ^Hhe Autocrat of All the Russias”—ora 
Despotism, when the government is characterized by 
cruelty or severity. The ruler of a despotism is called 
a despot or tyrant. 

A Theocracy, a Patriarchal Government and a Gov¬ 
ernment by a Chief are also absolute monarchies. 

Examples. —The Jewish government was a Theocracy ; that 
is, one in which God was the sovereign. Jehovah was the sole 
and absolute ruler of the nation. The best example of a Patriarchal 



SINGLE GOVERNMENTS 


11 


Government, in which the head of the family is its sovereign, is 
that of the Hebrew families before their settlement in Egypt ; 
thus, Abraham and Jacob were each supreme in the governing of 
their descendants. The Government by a Chief is the most 
common form among savages. The Indian tribes of America and 
the Negro tribes (or kingdoms, as they are often called) of Central 
Africa are familiar examples. 

Limited Monarchy .—A Limited or Constitutional Mon¬ 
archy is one in which the acts of the ruler are limited by 
a constitution. The limitations upon rulers vary accord¬ 
ing to the constitutions of the states over which they 
rule. 

Examples. —Spain, Italy and Holland are examples of Limited 
Monarchies, while Great Britain shows to what extent the consti¬ 
tution may deprive the monarch of power. In the British Em¬ 
pire the ruler, though theoretically possessing sovereign power, is 
so limited by the constitution as practically to possess none. The 
sovereignty is in fact in the English people, and the government 
is in reality a democracy in the form of a monarchy. 

h . Division as to Succession.— Monarchies are also 
divided into Hereditary and Elective Monarchies. This 
division is based upon the transfer of the sovereignty 
from one individual to another. 

Hereditary Monarchy .—An Hereditary Monarchy is 
one in which the sovereignty is inherited by an heir of 
the monarch upon his death. The rule of inheritance is 
fixed by custom or the constitution. The usual descent 
is from the father to the eldest son ; and if there is no 
son, then to the eldest daughter. In many European 
states there formerly existed what is knoAvn as the Salic 
Law, which prohibited females from ever inheriting the 
sovereignty. 

Elective Monarchy .—An Elective Monarchy is one in 


12 OEIGIN AND DEVELOPMENT OF GOVERNMENT 


which the sovereignty, upon the death of the ruler, is trans¬ 
ferred to another individual, chosen by the people or by 
a class, in whom the sovereignty rests until the new ruler 
is chosen. Thus the former kingdom of Poland was an 
elective monarchy, the right to choose a king belonging 
to the nobility. Rome, prior to 509 b.c., is another ex¬ 
ample of this class. So, too, governments by chiefs are 
usually elective monarchies (though sometimes heredi¬ 
tary), the tribe, the warriors of the tribe, or the heads of 
families being entitled, upon the death of a chief, to select 
his successor. 

Summary.— A monarchy is then either absolute and 
hereditary, limited and hereditary, absolute and elective, 
or limited and elective. 

2. Aristocracies.—An Aristocracy is a government by 
a class of persons, separated from the other members of 
the state by reason of family, wealth or power. The 
sovereignty rests equally in the persons of the ruling 
class. The government within the class is democratic, 
and for this reason an aristocracy is often classed as a 
republic. 

Examples. —The so-called Republic of Venice is the best ex¬ 
ample of an Aristocracy. The sovereignty rested in a few families, 
and the government was conducted through a council selected by 
them, who, in turn, chose the Doge and the Council of Ten, 
who were the actual government. Genoa, and some of the 
Greek cities about the seventh century before Christ, also had 
aristocratic governments. 

Hierarchies. —To this class belong certain church gov¬ 
ernments called Hierarchies ; the churches are composed 
of the clergy and of lay members, but the sovereignty 


SINGLE GOVERNMENTS 


13 


and government is reserved to the clergv. The Church 
of Rome, the Greek Church and the Anglican Church 
have hierarchical governments. 

3. Democracies.—A Democracy is a government in 
which all the members of the state possess an equal share 
of the sovereignty. There are two general divisions of 
this class of government: Pure Democracies, and Repre¬ 
sentative Democracies or Republics. 

Pure Democracy.— A Pure Democracy is one in which 
the government is carried on directly by all the mem¬ 
bers of a community. It is only in states of small extent 
that this form can exist, as it would be impossible, in a 
large state, for its thousands of inhabitants to meet 
together and decide all questions of government. At 
the present day this form is found only among small 
savage tribes. 

Examples.— Such a government is carried on as follows : The 
tribe meets in one assembly, the affairs of the community are 
discussed, the action to be taken is determined upon, and one or 
more are appointed to execute the will of the tribe, and after this 
has been done the authority of those appointed to act for the 
tribe ceases. A remnant of this form of democracy is still to be 
found in the town meeting, at which every member of the town 
is entitled to be present and express his opinion, and the questions 
of town government are decided by a vote of all the electors 
present. 

Republic. —A Representative Democracy, or, as it is 
more commonly called, a Republic or Commonwealth, is 
one in which the government is delegated to a body of 
men elected from time to time by the citizens^ as the 
members of the state are called, who have an equal voice 
in selecting those who are to act for all in the government. 


14 ORIGIN AND DEVELOPMENT OP GOVERNMENT 

Government in a Republic.—In a republic the three func¬ 
tions of government are usually administered by separate 
branches—the Legislative, by Representatives elected by 
the people ; the Judicial, by men, termed Judges or Jus¬ 
tices, elected by the people or appointed by the Executive 
Branch of the government ; and the Executive, by a 
President elected by the people or chosen by their repre¬ 
sentatives. In most republics the Executive has a limited 
right, called the right of veto^ to disapprove the acts of the 
Legislature; the Judiciary usually determines whether the 
acts of the Legislature and Executive comply with the 
principles declared by the constitution ; and the Legis¬ 
lature has power to remove the Executive and the Judi¬ 
ciary in case they violate the constitution. The three 
branches, therefore, though separate, are not absolute in 
the exercise of their functions, but are responsible to 
some other branch of the government. 


Examples. —Franco is an example of a Republic. There is a 
single sovereignty, which rests in all the people. The three 
branches of government are distinct. The legislative is elected 
by the people, and divided into two houses, called a Senate and a 
Chamber of Deputies. The Republic is divided into Departments, 
{each) administered by a prefect, who is nominated by the central 
government, and the Departments are subdivided into Arrondis- 
sements. Cantons and Communes. The judges of the different 
courts are appointed by the President. 

Chile is another example of a Republic with a single sover¬ 
eignty. It also has a President, a Senate and a Chamber of 
Deputies elected by the people. For purposes of administration 
the Republic is divided into Provinces, and these into Depart¬ 
ments, whose official heads are appointed by the central govern¬ 
ment, as are also the judiciary. 

Ecuador and Colombia are other instances of Single Republics. 


CONFEDERATED OR FEDERAL GOVERNMENTS 15 


CONFEDERATED OR FEDERAL GOVERNMENTS, 

Classification.—Confederated or Federal Governments, 
being based upon an agreement between sovereign and 
independent states, adopt the character of the govern¬ 
ments of these states. Confederacies may be divided 
into two classes: Monarchical Confederacies and Repub¬ 
lican Confederacies. 

1. Monarchical Confederacies.— A Monarchical Con¬ 
federacy is one composed of two or more monarchies, and 
necessarily assumes the form of a limited monarchy, as 
the sovereign power is confined to such powers as are sur¬ 
rendered to it by the individual states which form the 
confederacy. * 

Examples. —The German Empire is a Monarchical Confeder¬ 
acy, composed of four kingdoms, six grand duchies, five duchies, 
seven principalities and three free towns. By its constitution the 
sovereignty, for certain purposes, is given to two distinct branches, 
the executive and the legislative. The former is in the person of 
a President, with the title of the German Emperor, who is by the 
constitution the hereditary king of Prussia, the largest and most 
infiuential state of the Confederacy. The legislative authority is 
in the Bundesrath, or Federal Council, appointed by the govern¬ 
ments of the individual states, and the Reichstag, or Diet, elected 
by the people. There is one federal court for hearing appeals, 
whose judges are appointed by the Emperor. All other courts 
are directly under the appointment and control of the different 
monarchies which form the Confederacy. Each state has also its 
own government, with an hereditary monarch at its head, and is 
supreme in all matters not surrendered to the Imperial Govern¬ 
ment by the constitution. 

Austria-Hungary is also a Monarchical Confederacy, composed 
of the Empire of Austria and the Kingdom of Hungary, over 
which there is a common monarch with the titles of Kaiser of 
Austria and King of Hungary. To the Federal Government is 


16 ORIGIN AND DEVELOPMENT OF GOVERNMENT 


surrendered the charge of foreign, military and naval affairs, 
finance, etc., while in all other matters the governments of the 
two monarchies are separate, except that the executive authority 
is in the one ruler. In this it differs from the German Empire, in 
which each state has its own monarch. Austria and Hungary 
are both limited monarchies, with legislative assemblies of their 
own. The federal legislation is by sixty delegates from each 
monarchy, chosen by their respective assemblies from their own 
members. These Delegations, as they are called, meet separately, 
once a year, and propose federal laws, which are submitted to the 
Delegation from the other monarchy. If a law is not agreed to 
after three interchanges of the views of each Delegation, then the 
one hundred and twenty delegates meet in one body and decide it. 

The famous Iroquois Confederacy, or the Confederacy of the 
Six Nations, is another example of a Monarchical Confederacy. 
It was composed of six Indian tribes whose villages extended 
across the central part of what is now New York State. Each 
tribe was under the government of hereditary sachems, but the 
Confederacy, in matters relating to the welfare of all the tribes, 
was governed by a grand council of fifty sachems, any of whom 
could demand a meeting of the council. In military affairs, 
however, two hereditary chiefs of the Seneca tribe commanded 
the warriors of the Confederacy. 

2. Republican Confederacies.— A Republican Confed¬ 
eracy is governed in the same general way as a single 
republic, except that the sovereignty of the federal gov¬ 
ernment is limited to those matters which affect the gen¬ 
eral welfare of all the states which form the confederacy, 
and which have been delegated to it by the states. 

Examples. —The Swiss Confederation is a Confederacy of 
twenty-two separate republics, called Cantons. By its constitu¬ 
tion the legislative and executive authority of the Confederation 
is in a Federal Assembly composed of two houses, the State 
Council and the National Council. The former has forty-four 
members, two from each Canton, and the latter consists of repre¬ 
sentatives elected by the people, one representative for every 


CONFEDERATED OR FEDERAL GOVERNMENTS 17 


20,000 inhabitants. The executive authority is delegated by the 
Federal Assembly to a Federal Council of seven members elected 
for three years. The President and Vice-President of this Coun¬ 
cil are selected each year by the Federal Assembly, and no mem¬ 
ber of the Council can be President two years in succession. It 
is the duty of the Federal Council to propose laws and to execute 
them when passed by the two houses. The Federal Council may, 
when it desires, and must, when petitioned by 30,000 citizens, 
submit a law to all the people, who may, by vote, adopt, amend or 
reject it. This principle of submission to the people is called the 
referendum and is a modified form of Pure Democracy. The 
act of petitioning by the people for a referendum is termed initia¬ 
tion. There is only one federal court, whose jurisdiction is 
limited. Each Canton has its own judges ; and, in all matters 
not delegated to the Federal Government by the constitution, it 
is supreme and has its own independent, republican government. 

The United States has a government of this class, although in 
some particulars it possesses the character of a single republic. 
This likeness and difference will be shown when this government 
is studied more in detail. 

The Federal Principle.—The principle which underlies 
this form of government is that each state of the union 
possesses the sovereignty in all matters which affect itself 
alone, while in all matters which relate to two or more of 
the states, or which have to do with foreign nations, the 
sovereign power is in the Federal Government. 


18 OKIGIN AND DEVELOPMENT OF GOVEENMENT 


SINGLE GOVERNMENTS. 


1. Monarchies 


As to Power 


Absolute 


As to Succession 


Autocracy. 
Despotism. 
Theocracy. 
Patriarchy. 

By a Chief. 
Limited, or Constitutional 
Hereditary. 

Elective. 


2. Aristocracies. 

3. Democracies 


Hierarchies. 

Pure. 

Representative, or Republican. 


CONFEDERATED GOVERNMENTS. 

1. Monarchical Confederacies. 

2. Republican Confederacies. 


DIVISIONS OF GOVERNMENT IN A REPUBLIC. 

1. Legislative, by Representatives elected by People. 

2. Executive, by President elected by | 

( Representatives. 

o I .... 1 T j 3 elected bv People. 

u icia , y u ges | appointed by Executive. 






PAET SECOND. 

RISE OF AMERICAN INSTITUTIONS.,. 

CHAPTER I. 

SOURCE OF AMERICAN INSTITUTIONS. 

The Anglo-Saxons.—The principle of civil liberty, which 
is the important element in our system of government, 
was already strongly developed among the Angles and 
Saxons when they conquered England in the fifth cen¬ 
tury. They were believers in the rights and powers of 
the individual. They elected their own chiefs and had a 
voice in the government of their clans. Under their rule 
the people in their various councils made laws and 
treaties, levied some taxes, raised land and sea forces, 
and exercised many other legislative and also judicial 
powers. These powers, although modified by changing 
conditions, became firmly settled under the successive 
Saxon kings in the form in which they are historically 
known as the Laws of Edward the Confessor.” 

Effect of Norman Conquest.—The Norman conquest 
wrought a change. The conquerors did not possess the 
Saxon ideas of liberty and equality. To them the king 
was the state and source of all law, and in the confusion 
of this change in ideas of government there followed con- 


20 


RISE OF AMERICAN INSTITUTIONS 


fiscation of property, oppressive laws, and the practical 
enslavement of the conquered people through the intro¬ 
duction of Feudalism. 

These conditions continued during the reigns of ‘‘ The 
Conqueror” and William II. But Henry I., fearing 
the effect of popular discontent, promised by a Charter 
of Liberties,” granted in 1101, to restore in part the 

Laws of Edward the Confessor.” This Charter is im¬ 
portant as the first limitation upon the powers of the 
crown. 

Magna Charta.—A century later (June 15, 1215) the 
great instrument of English liberty, known as Magna 
Charta, was wrung from King John by the people and 
nobles, who had revolted against his despotic rule. Of 
the sixty-three provisions of this great document, those 
which are important in the study of our government are 
the following : 

Taxes. —No scutage* or aidf shall be imposed in our kingdom 
unless by the general council of our kingdom ; except for ransom¬ 
ing our person, making our eldest son a knight and once for 
marrying our eldest daughter ; . . . 

General Council.— And for holding the general council of 
the kingdom concerning the assessment of aids ... we shall 
cause to be summoned the archbishops, bishops, abbots, earls and 
greater barons of the realm, singly by our letters. And further¬ 
more, we shall cause to be summoned generally ... all 
others who hold of us in chief, for a certain day . . . and to 

a certain place ; and in all letters of such summons we will 
declare the cause of such summons. 

By these provisions the taxing power was placed in 

*Scutage: Tax imposed instead of military service. 
tAio: Feudal tax paid by the vassal to his lord. 


SOURCE OF AMERICAN INSTITUTIONS 


21 


the people, and definite means were prescribed for its 
exercise. 

Personal Rights. —No freeman shall be taken or imprisoned 
or disseised* or outlawed, or banished, or anyways destroyed, nor 
will we pass upon him, nor will we send upon him, unless by the 
lawful judgment of his peersf or by the law of the land. 

We will sell to no man, we will not deny to any man, either 
justice or right. 

A freeman shall not be amercedj for a small offense, but only 
according to the degree of the offense ; and for a great crime ac¬ 
cording to the heinousness of it. 

These provisions were to protect the subject in his per¬ 
sonal freedom by guaranteeing that punishments should 
be proportionate to the enormity of the crime. 

Property Rights. —Neither shall we nor our bailiffs take any 
man’s timber for our castles or other uses, unless by the consent 
of the owner of the timber. 

This provision was intended to protect the subject in 
his property, and is so manifestly just that it has continued 
in force to the present day. 

House of Commons.—The next development in popu¬ 
lar government was the establishment of the House of 
Commons, which, like Magna Charta, was the result of 
a conflict between the king and the barons, in which the 
latter were successful. Henry III. and his son having 
been taken prisoners, the government passed temporarily 
into the hands. of Simon de Montfort, the leader of the 
rebels, who, to strengthen himself, summoned a parlia- 

*Disseised: Unlawfully deprived of property. 

f Peers: Equals, of the same rank. 

tAMERCED; Punished at the discretion of a court. 


22 


RISE OF AMERICAN INSTITUTIONS 


ment (1265), in which he gave seats not only to those 
entitled to them under Magna Charta, but also to two 
representatives from each town or borough. This was 
the first House of Commons, the representative body of 
the common people. The example thus set was not im¬ 
mediately followed. But in 1295 Edward I., in order to 
obtain supplies for wars in France and Scotland, sum¬ 
moned a parliament, to which he called two burghers 
from every city, borough and liege-town to sit with the 
nobles and barons,” stating in the summons that ‘‘ what 
concerns all should be approved by all.” This was the 
permanent establishment of the House of Commons. 

Rights of Colonists in America.—These were the gov¬ 
ernmental rights to which Englishmen were entitled at 
the time of the colonization of America, and to these 
rights, as also to those subsequently granted, the settlers 
in America became entitled as fully as the inhabitants of 
London or other English towns. For in the charter 
under which the Plymouth and London Companies were 
organized the king stated that the colonists and their 
descendants should 

have and enjoy all liberties, franchises and immunities of free 
denizens and natural subjects, within any of our other domin¬ 
ions, to all intents and purposes as if they had been abiding and 
born within this our realm of England, or in any other of our 
dominions. 

Habeas Corpus Act.—Of the rights subsequently granted, 
but two will be noticed. First, the Habeas Corpus Act. 
From the time of Magna Charta it had been a principle 
of law that a prisoner could demand from a court an 
order, or writ^ compelling his jailer to produce him before 


SOURCE OP AMERICAN INSTITUTIONS 


23 


the court for the purpose of determining whether he was 
legally imprisoned. This did not apply in cases of arrest 
by the Royal Council, and as a result many persons had 
been illegally and arbitrarily imprisoned. To check this 
abuse, Parliament, in 1679, passed the Habeas Corpus 
Act, by which it was provided that no judge should re¬ 
fuse the writ to any prisoner, or to order his release from 
confinement if such confinement was illegal. 

Bill of Rights.—The other important measure is the 
Bill of Rights. When James II. was deposed, and Wil¬ 
liam and Mary were called to the throne, there was 
annexed to the Act, which determined the future succes¬ 
sion, a statement of rights which definitely fixed the limits 
of royal power and stated the principles of English con¬ 
stitutional government. After a recital of complaints 
the Bill continues: 

That the pretended power of suspending of laws, or the execu^ 
tion of laws by regal authority, without consent of parliament, 
is illegal. 

That it is the right of the subject to petition the king; and all 
commitments and prosecutions for such petitioning are illegal. 

That the raising or keeping a standing army within the king- 
dom in time of peace, unless it be with the consent of parliament, 
is against law. 

That the freedom of speech and debates or proceedings in par¬ 
liament ought not to be impeached or questioned in any court or 
place out of parliament. 

That excessive bail ought not to be required, nor excessive fines 
imposed, noi* cruel and unusual punishments inflicted. 


24 


RISE OP AMERICAN INSTITUTIONS 


DATES OF PRINCIPAL EVENTS IN RISE OF 
AMERICAN INSTITUTIONS. 

449-455 Conquest of Britain by the Saxons and Angles. 
1050-65 Laws of Edward the Confessor. 

1066 Norman Invasion of England. 

1101 Charter of Liberties. 

1215 Magna Charta. 

1265 First House of Commons. 

1295 House of Commons made Permanent. 

1297 Confirmation of the Charter by Edward I. 

1606 Charter of the Plymouth and London Companies. 
1679 The Habeas Corpus Act. 

1689 Bill of Rights. 


CHAPTEK II. 


GROWTH OF AMERICAN INDEPENDENCE. 

Cause of American Revolution.—The American Revo¬ 
lution is traceable to one cause—the violation of the 
rights ^ and liberties of Englishmen, inherited bj and 
guaranteed to the colonists. Until the cession of Canada 
to England the colonists had been allowed to exercise all 
the rights of Englishmen, for the menace of the French 
on the north and west was sufficient to warn the British 
ministry that any trouble or irritation would weaken its 
power in the ITew World. But with the fall of Quebec 
three measures were proposed which were intended to 
give the British Government more complete control over 
the colonists. These were the enforcement of the Acts 
of Trade, the taxation of the colonies and the quartering 
of troops in America. 

Acts of Trade; Writs of Assistance.—The Acts of Trade 
were statutes which, first enacted during the reign of 
Richard II., had been so extended that at this time they 
practically prohibited the colonists from exporting their 
produce in any other than English ships, from importing 
goods from any other than English ports, or from manu¬ 
facturing goods which could be made in England. While 
the original purpose of these measures was to destroy the 
Dutch trade with the colonists, it had developed into a 


26 


RISE OP AMERICAN INSTITUTIONS 


scheme to make of the colonies sources of supply for the 
markets of England and consumers of her products; and 
the colonists, appreciating this, continued their foreign 
trade by smuggling. 

To detect and punish smugglers, recourse was had to 
Writs of Assistance, which were warrants issued by a 
court empowering officers to enter and search any prem¬ 
ises for the purpose of finding smuggled goods. This 
action of the Government produced violent opposition 
throughout the colonies. James Otis declared that it 
was an invasion of private liberty such as had cost one 
king of England his head and another his throne.” He 
argued that the colonists were not bound to obey laws in 
the making of which they had no voice, and that the 
forcing of the colonists to pay exorbitant duties upon 
goods not imported from England was taxation by a 
foreign legislature without our consent.” 

Quartering of Troops; Stamp Act.—The excitement over 
the Writs of Assistance had not ceased before the min¬ 
istry determined to station permanently in the colonies 
a force of ten thousand soldiers to aid the colonial gov¬ 
ernors in the enforcement of the laws. For the purpose 
of partially defraying the expense of these garrisons it 
was further proposed to levy a tax in the form of a stamp 
duty, and in 1765 the Stamp Act was passed. Its enact¬ 
ment was the signal for violent popular demonstrations 
in the colonies, and as a result a congress of delegates 
from Massachusetts, South Carolina, Pennsylvania, Rhode 
Island, Connecticut, Delaware, Maryland, Hew Jersey 
and Hew York met at the city of Hew York, October 7, 
1765. This meeting, known as the ‘‘Stamp Act Con- 


GROWTH OF AMERICAN INDEPENDENCE 21 


gress,” * lasted two weeks. It drew up a Petition to the 
English people, and a Declaration of Rights and Griev¬ 
ances, in which were set forth the rights of the colonists 
to the liberties of Englishmen, among which was the 
right to tax themselves ; it complained of the Stamp Act 
and asked for a repeal of the Acts of Trade. But there 
was no suggestion of revolution. The determination of 
the colonists to protect their rights, and the support of 
a strong party in Parliament, compelled the repeal of the 
Stamp Act in 1766, but the obnoxious principle under¬ 
lying it was preserved; for with the Act of Repeal was 
passed the Declaratory Act,” whereby it was asserted 
that the colonies were 

subordinate unto and dependent upon the Imperial Crown and 
Parliament of Great Britain, and that Parliament hath, and of 
right ought to have, full power to make laws and statutes of suf¬ 
ficient force and validity to bind the colonies and people of 
America, subjects to the crown of Great Britain, in all cases 
whatsoever. 

Townshend Acts of 1767 .— It was not long before the 
threat implied in this declaration was carried out. In 
1767 Townshend, Chancellor of the Exchequer, who was 
opposed to a conciliatory policy, obtained the passage of 
Acts which placed duties on wine, oil, fruit, glass, paper, 

* There had been prior meetings for common purposes. In 1643 
Massachusetts Bay, Connecticut, Plymouth and New Haven had 
joined under the name of the “United Colonies of New England” 
in “a firm and perpetual league of friendship and amity for offense 
and defense . . Again, during the French and Indian War, 

representatives from the New England Colonies, and from New 
York, Pennsylvania and Maryland met at New York to devise plans 
of union and defense. 


28 


KISE OF AMERICAN INSTITUTIONS 


lead and teas, and at the same time revived the Writs of 
Assistance. These enactments met with the same recep¬ 
tion as the Stamp Act. The colonists recognized in them 
the hateful principle of taxation without representation. 
The Virginia Assembly declared the tax illegal and pro¬ 
tested against its enforcement, and later adopted a pledge 
not to buy any of the goods upon which such taxes were 
levied. Similar action was taken in several other col¬ 
onies. 

Coercive Action of British Government. —The king, en¬ 
raged by the temper of these petitions and resolutions, 
declared the originators to be rebellious and guilty of 
treason, and measures were adopted to repress the expres¬ 
sion of such sentiments. The colonial governors were 
directed to prevent public assemblies, and troops were 
sent to Boston and NTew York. The danger of this policy 
was, however, felt in England, and at length, in April, 
17Y0, Parliament repealed the provisions of the Town- 
shend Acts, except such as related to the duty on tea, 
which was made so low as to render smuggling unprofit¬ 
able. 

Committees of Correspondence. —Meanwhile the agita¬ 
tion continued, and open conflict seemed unavoidable. 
Samuel xVdams, who saw the probability of war, intro¬ 
duced into the Boston town meeting in November, 1772, 
a resolution that a committee of correspondence be ap¬ 
pointed to state the rights of the colonists . . . and also 
request of each town a free communication of their senti¬ 
ment on this subject.” The idea was received every¬ 
where with favor. Similar committees were selected in 
other colonies, who spread the doctrine of liberty among 


GROWTH OF AMERICAN INDEPENDENCE 29 


the people and formed an incipient union by constant 
intercourse upon all matters of public interest. 

The Tea Agitation.—Still the ministry was blind to the 
dangers, and upon the demands of the East India Com> 
pany determined to enforce the tea tax. For this pur¬ 
pose, in the fall of 1773, cargoes of tea were shipped to 
New York, Boston, Philadelphia and Charleston. At 
Philadelphia and Charleston the cargoes were either 
returned or stored in damp cellars. At Boston, on the 
night of December 16, 1773, the ship was boarded, the 
cargo broken open and the tea emptied into the harbor. 
This was called the ‘‘Boston Tea Party.” At New 
York a similar demonstration was made by the “ Sons of 
Liberty.” 

Retaliation by Great Britain.—Retaliatory measures were 
at once taken by Parliament. The principal ones were 
aimed at Massachusetts, which, possessing a charter gov¬ 
ernment, was deemed by the ministry as being most 
hostile to British interests. These closed the port of 
Boston, annulled the charter of the colony and placed 
the government in the hands of a governor and a council 
selected by him, and provided for the further quartering 
of troops in Boston. Another Act provided for the trial 
in England of all soldiers, magistrates or revenue officers 
charged with murder. 

First Continental Congress.—In view of the dangers 
threatened by such enactments the lower house of the 
Massachusetts legislature called upon the other colonies 
to join in a congress to meet at Philadelphia, and in re' 
sponse to the call delegates from the different colonies 
met, September 5, 1774, in what is known as the “ First 


80 


RISE OF AMERICAN INSTITUTIONS 


Continental Congress.” Among the delegates were 
Samuel and John Adams, John Jay, Patrick Henry and 
George Washington. They adopted a Declaration of 
Rights, and prepared a Petition to the king, praying for 
a redress of wrongs. They also presented an address to 
the same effect to the people of Great Britain, united in 
a pledge to import no goods from England or her col¬ 
onies, provided for a second Continental Congress and 
adjourned October 26, 1YY4. 

Second Continental Congress.—These measures, how¬ 
ever, failed of their purpose, and the colonists determined 
upon armed resistance. April 19, 17Y5, the first engage¬ 
ment was had at Lexington, and the news of it was the 
signal for a general uprising. May 10, 1775, the British 
garrison at Ticonderoga surrendered to Ethan Allen, and 
the same day the Second Continental Congress assembled 
at Philadelphia. On June 7, 1776, Richard Henry Lee 
of Virginia introduced into the Congress the following 
resolution: ‘‘ Resolved—That these United Colonies are, 
and of right ought to he, free and independent States ; 
that they are absolved from all allegiance to the British 
Crown ; and that all political connection between them 
and the state of Great Britain is, and ought to be, totally 
dissolved.” On June 11, 1776, Thomas Jefferson, John 
Adams, Benjamin Franklin, Roger Sherman and Robert 
R. Livingston were appointed a committee to prepare a 
suitable declaration of grievances and a statement of the 
attitude of the colonies. This committee made its report 
July 1st. The next day the Lee resolution was passed, 
and on the Fourth of July the Declaration of Indepen¬ 
dence was adopted. 


GROWTH OF AMERICAN INDEPENDENCE 31 


Declaration of Independence.—Thus the separation of 
the colonies from England was made complete. An ex¬ 
amination of the Declaration of Independence discloses 
no new governmental principles. (See Appendix I.) It 
is a simple statement of the inherent rights of the people, 
which they had never surrendered, together with a plain 
narration of the wrongs which had compelled their act. 
It is a concise exposition of the true principles of govern¬ 
ment, and has been through the existence of the Union 
a great and powerful factor in the maintenance of a pure 
national life. 


DATES OF PRINCIPAL EVENTS IN THE GROWTH 
OF AMERICAN INDEPENDENCE. 

1645-63 Navigation Acts. 

1760 George III. crowned. 

1761-64 Writs of Assistance. 

1763 Peace of Paris. 

1765 Stamp Act. 

1765 Act for the Quartering of Troops. 

1765 Colonial Congress. 

1766 Repeal of Stamp Act. 

1766 Declaratory Act. 

1767 Townshend Revenue Acts. 

1770 (March 5) Boston Massacre. 

1770 Repeal of Townshend Duties, except on Tea. 

1773 (December 16) Boston Tea Party. 

1774 (September 5) First Continental Congress. 

1775 (April 19) Battle of Lexington. 

1775 (May 10) Second Continental Congress. 

1776 (July 4) Declaration of Independence. 


CHAPTEK III. 


THE REVOLUTIONARY GOVERNMENT. 

May 10, 1775, to March 1, 1781. 

The Revolutionary Government of Congress.—A revolu¬ 
tionary government is one formed to carry out the will 
of those who claim the sovereignty of a nation in oppo¬ 
sition to those who possess it. Such a government usually 
assumes an authority not delegated to it, but acts in the 
interests of those whom it represents, as necessity re¬ 
quires. This was the character of the government estab¬ 
lished by the Second Continental Congress. Its sole ob¬ 
ject was resistance to the tyrannical measures of the 
British Crown. To accomplish this, it created commit¬ 
tees upon military and Indian affairs and foreign relations, 
established a general treasury, appointed Washington 
commander-in-chief of the Continental Army, recom¬ 
mended to the colonial governments a uniform system of 
militia and provided for a continental postal service. To 
furnish revenue, paper money, known as ‘‘ Continental 
Currency,” was issued; for the large sums necessary to 
carry on the war could not be borrowed at home and 
a foreign loan had not as yet been proposed. 

Articles of Confederation.—But the Congress saw that 
its government was revolutionary and inadequate to meet 
the obligations which belong to sovereign states. There- 


THE REVOLUTIONARY GOVERNMENT 


33 


fore, on the same day that the committee was appointed 
to draft the Declaration of Independence, another was 
selected, with Samuel Adams as its chairman, to pre¬ 
pare and digest the form of a confederation to be entered 
into between these colonies.” This committee made its 
report on July 12, 1Y76, but it was not until Kovem- 
ber, 1777, that a form of government was agreed 
upon. Further delay was occasioned by the examination 
of the proposed plan by the state governments, and it 
was not until July 9, 1778, that the Articles of Confeder¬ 
ation were formally adopted. Then they were signed by 
the delegates of eight States —'New Hampshire, Rhode 
Island, Massachusetts, Connecticut, Pennsylvania, NTew 
York, Virginia and South Carolina. Th% North Caro¬ 
lina delegates signed on the 21st, and three days later, 
those from Georgia. New Jersey ratified November 26, 
1778 ; Delaware, May 6, 1779 ; and Maryland, March 1, 
1781. 

Land Claims Delay Ratification.—The cause of the de¬ 
lay on the part of New Jersey, Delaware and Maryland 
grew out of a state of affairs which became of the great¬ 
est moment to the future history of government in the 
United States. Along the western frontier of the States 
lay great tracts of unoccupied lands. On the separation 
of the colonies from England, the States whose charters 
had extended their territory indefinitely west claimed, 
as the successor of the British Crown, the sovereignty of 
these vacant lands as far as the Mississippi River. 
Against these claims Maryland in particular vigorously 
protested, refusing to enter the Confederacy unless the 
sovereignty over these lands was made general, and de- 


34 RISE OF AMERICAN INSTITUTIONS 

daring that if independence was secured it would be by 
the efforts of all the States, and, therefore, this territory 
should become the common property of the Confederacy. 

New York’s Action.—Affairs were in this condition 
when !New York, in September, 1780, ceded to the Con¬ 
federacy all its claims to the lands lying westward of its 
present boundary. Induced by the sacrifice of N^ew 
York, and fearing that England would be encouraged by 
the apparent dissensions among the States, the Maryland 
Legislature ratified the Articles in January, 1781, and in 
the same month Virginia ceded to the Confederacy all 
her claims to any part of the lands which are known as 
The N’orth-West Territory.” The formal act of sub¬ 
scribing to the Articles by the Maryland delegates in 
Congress occurred March 1, 1781, and the following day 
the Congress assembled under the Confederation. 

DATES OF PRINCIPAL EVENTS RELATING TO 
ARTICLES OF CONFEDERATION. 

1776 June 11, Committee appointed on Plan of Government. 
July 12, First Report of Committee. 

Aug. 20, Second Report of Committee. 

1777 Nov. 17, Circular Letter sent to States. 

1778 July 9, Articles of Confederation signed by New Hamp¬ 

shire, Rhode Island, Massachusetts, Connecti¬ 
cut, Pennsylvania, New York, Virginia and 
South Carolina. 

July 21, Articles signed by North Carohna. 

July 24, “ “ “ Georgia. 

Nov. 26, “ “ “ New Jersey. 

1779 May 5, “ “ “ Delaware. 

1781 March 1, “ “ “ Maryland. 

March 2, Congress meets under Articles. 


CHAPTER ly. 

OUTLINE OF THE ARTICLES OF CONFEDERATION. 

1. Form and Purposes of the Union.—The form of the 
union was a confederacy, in which each State retained its 
sovereignty and every power not expressly delegated to 
the United States. The purposes of the Union were the 
common defense, the security of liberty and mutual and 
general welfare. 

2 . The System of Government Established.—All the 
functions of government were to be exercised by a Con¬ 
gress of delegates, each State being represented by not 
more than seven or less than two (delegates) appointed 
annually; but in the proceedings of the Congress each 
State could cast only one vote, regardless of the number 
of its delegates. There was no provision for executive 
and judicial branches apart from the legislative. 

During a recess of Congress, which could not exceed 
six months, The Committee of the States,’’ consisting 
of one delegate from each State, was empowered to exer¬ 
cise certain of the powers of Congress, but no power 
which required the assent of nine States could be so 
exercised. 

3 . The Powers of the Government.—The most impor¬ 
tant legislative powers were to declare war, appropriate 
money, borrow money and issue bills of credit, agree on 


36 


RISE OF AMERICAN INSTITUTIONS 


the number of land forces and make requisition upon each 
State for its proportion, determine the number of naval 
forces, and build and equip a navy. These powers could 
only be exercised by the assent of nine States. Besides 
the foregoing, the Congress, by a majority of the States, 
could make peace, establish rules concerning captures on 
land and sea, regulate coinage, fix a standard of weights 
and measures, make rules for the government of the army 
and navy, ascertain the money necessary for public ex¬ 
penses and apportion among the States the amounts 
which they must pay into the common treasury. 

The most important executive poAvers of Congress Avere 
to appoint a commander-in-chief of the army and to enter 
into treaties with foreign nations, provided no treaty of 
commerce should interfere with the right of each State 
to fix duties and imposts ; and to exercise these poAvers 
the assent of nine States Avas required. Congress could 
also, by a majority of the States, send and receive am¬ 
bassadors, establish post-offices and exact postage, ap¬ 
point civil officers and officers of the army and naAy 
except regimental officers, direct the operations of the 
army and navy, and organize and conduct the common 
treasury of the Confederacy. 

The powers of the Congress relating to judicial matters 
were limited to the establishment of courts for the trial 
of piracy and felonies committed upon the high seas and 
to the determination of questions of boundary and juris¬ 
diction betAveen two or more States. 

4. Restrictions upon the Government.—Besides the limi¬ 
tation of the government to those powers conferred upon 
it by the Articles, Congress Avas prohibited from granting 


OUTLINE OF ARTICLES OF CONFEDERATION 37 


any titles of nobility, and its officers were forbidden to 
receive a reward, office or title from a foreign ruler or 
state. 

5. The Restrictions upon and Requirements of the States. 

—Without the consent of the United States no State 
could send or receive ambassadors or enter into any 
agreement or treaty with a foreign state, lay any imposts 
or duties which would interfere with any treaty previ¬ 
ously made by the United States, have land or naval 
forces in time of peace, engage in war unless actually in¬ 
vaded or to prevent an Indian outbreak, and grant letters 
of marque and reprisal except after a declaration of war 
by the United States or when a State was infested by 
pirates. 

Each State was required to grant to the people of every 
other State the same privileges as those possessed by its 
own, to surrender fugitives from justice upon proper re¬ 
quisition, to give full faith and credit to the records, acts 
and judicial proceedings of the other States, to levy and 
collect the taxes apportioned to it by the Congress for 
the purposes of the union and pay the same into the 
common treasury. 

6. Other Provisions.—The Articles also provided for 
the admission of Canada into the Union, pledged the 
public faith to the payment of money borrowed and debts 
contracted by the revolutionary government, declared 
that the union so formed should be perpetual and that 
the Articles could only be amended by an agreement of 
the Congress and the confirmation of the amendment by 
the legislature of every State. 


38 


RISE OF AMERICAN INSTITUTIONS 


ANALYSIS OF ARTICLES OF CONFEDERATION. 

Powers of Congress requiring the assent of 9 States, and 
which could not he exercised by the Committee of States. 


Legislative 


Executive 

Judicial 


r Declare war. 

I 

[ Organize army and navy, 
r Make treaties. 

1 Appoint commander-in-cliief. 
r Organize admiralty courts. 

1 Determine boundaries between States. 


Powers of Congress requiring the assent of 7 States, which 
could he exercised hy Committee of States when Con- 
gress was not in session. 


Legislative 


Executive 


Make peace. 

Make rules as to captures. 

Regulate coinage, weights and measures. 
Pass military laws. 

Estimate expenses. 

Determine method of land valuation. 
Send and receive ambassadors. 

Control the postal service. 

Appoint officers of the army and navy. 
Direct military operations. 

Conduct the common treasury. 


Limitations on States. 


Restrictions - 

Requirements ^ 


Send or receive embassies. 

Make treaties. 

Lay imposts or duties contrary to treaty. 

Have an army in times of peace. 

Engage in war. 

Grant letters of marque in times of peace. 
Grant equal rights to citizens of other States. 
Surrender fugitives of justice from other States. 
Recognize records of other States. 

Keep a disciplined militia. 

Levy and collect proportion of taxes. 







CHAPTER Y. 


THE GOVERNMENT UNDER THE ARTICLES OF 
CONFEDERATION. 

March 2, 1781, to March 4, 1789. 

Condition at Close of War.—The independence of 
America having been recognized in 1783, the inefficiency 
of the government became evident to the statesmen of 
the Confederacy. The greatest weakness lay in the fact 
that the functions of government were not performed by 
separate branches, but were all vested in the Congress, 
which, while it possessed sufficient legislative powers, 
had not the executive power to put them into effect. It 
could declare war, but possessed no means to carry it on ; 
it could make peace, but could not compel the States to 
comply with the terms ; it could appropriate money, but 
had no power to levy and collect taxes ; and, finally, 
there was no provision for the control of the ^‘ilorth- 
West Territory ” or for the regulation of commerce. 

Attempts to Correct Articles.—Immediately upon the 
termination of the war, attempts were made to rectify 
the faults of the Articles; but these were futile, as each 
State turned to the advancement of its local interests and 
opposed any agreement to surrender, for the benefit of 
all, any rights which it possessed. The Confederacy was 
gradually disintegrating—the States drawing apart from 


40 


KISE OF AMERICAN INSTITUTIONS 


each other. There were rumors of a division into two or 
more confederacies, and even a monarchy was suggested. 

The Public Lands.—One thing, however, tended to hold 
the Union together—the ownership of the public lands. 
Any State withdrawing from the Confederacy would lose 
its interest in the Western Territory, whose great resources 
were then beginning to be realized. Besides this, Con¬ 
gress in its struggle to maintain the credit of the nation 
had sold portions of this land to meet the public debt. 

Commerce.—The recognized necessity of uniform com¬ 
mercial relations was, however, the immediate cause of 
the strengthening of the union. The lack of power in 
Congress to regulate trade had left the States to act sepa¬ 
rately in this important matter. The result was a great 
variance in the laws, and commerce became so demoral¬ 
ized that the Virginia Legislature called upon the other 
States to send delegates to a convention at Annapolis in 
September, 1Y86, to see if some plan could not be devised 
for the establishment of a uniform system of trade regu¬ 
lations among all the States. 

Annapolis Convention.—At the convention which met 
in response to this appeal, delegates from only five States 
were in attendance, and the object for which it was called 
was not attained. But the discussions which were held 
disclosed the fact that the weakness of the government 
was generally recognized, and led to a resolution sug¬ 
gesting a convention of delegates from all the States ‘‘ to 
devise such further provisions as might appear necessary 
to render the constitution of the Federal Government 
adequate to the exigencies of the Union.” 

Constitutional Convention.—After considerable delay 


GOVERNMENT OF THE CONFEDERACY 


41 


Congress adopted the suggestion and issued a call to the 
States to send delegates to a convention to meet at Phila¬ 
delphia, May 14, 1787. It was not, however, until the 
end of May that the convention was formally opened, 
but from that time the delegates from the twelve States 
represented (Khode Island having failed to send a delega¬ 
tion) were in continuous session until September 17, 1787, 
when they completed the scheme of government which 
is known as the Constitution of the United States. 


CHAPTER YI. 


THE STATE GOVERNMENTS. 

Colonial Governments; Provincial.—Colonial govern¬ 
ments are usually divided into three classes: Provincial 
(Royal or Crown), Proprietary and Charter. Hew Hamp¬ 
shire, Hew York, Hew Jersey, Virginia, the Carolinas and 
Georgia had Provincial Governments. They possessed 
no charters or grants, but were under the control of royal 
governors, whose only limitations wero their commissions 
and the will of the crown, who appointed and removed 
them at pleasure. There was also a council appointed by 
the crown or governor, which aided the governor in his 
duties and formed the upper house of the colonial legis¬ 
lature. The governor was also authorized to summon an 
assembly, chosen by the people of the colony, which 
formed the lower house of the legislature. These two 
legislative houses had the right to make laws concerning 
local matters, but their acts could be vetoed by the gov¬ 
ernor and annulled by the crown. The governor, as the 
royal representative, possessed exceptional powers. He 
could remove members of the council and prorogue, or 
dissolve, the assembly and order another election. 

Proprietary.—Maryland, Pennsylvania and Delaware 
had Proprietary Governments ; that is, the rights of local 
government were granted by the crown to a certain indi- 


THE STATE GOVERNMENTS 


43 


vidual termed the ‘‘ proprietary ” or lord proprietary.’’ 
The form of government was similar to that of the royal 
colonies. The proprietary either appointed a governor 
or acted in that capacity himself, selected a council and 
authorized the assembling of representatives for local leg¬ 
islation. In Maryland the acts of the proprietary gov¬ 
ernment were not subject to royal approval ; but over 
those of Pennsylvania and Delaware the crown possessed 
a veto power. 

Charter. —The Charter Governments comprised Massa¬ 
chusetts, Connecticut and Rhode Island. The charters, 
which were granted by the crown, were, in fact, written 
constitutions, which the sovereign was bound to respect, 
and established a form of government similar in many 
respects to the two classes already described. In Massa¬ 
chusetts the governor was appointed by the crown, but 
the people were represented by an assembly chosen by 
them, and their representatives had the privilege of 
selecting the governor’s council. The people of Con¬ 
necticut and Rhode Island possessed the same rights as 
those of Massachusetts, with the further privilege of elect¬ 
ing their own governors. In fact, they were true repub¬ 
lics, with whose local government the English sovereign 
could not legally interfere. 

Change to State Governments. —With the opening of the 
War for Independence all the colonies except Rhode 
Island and Connecticut organized provisional govern¬ 
ments similar to those with which'they were familiar, 
substituting elections by the people in place of appoint¬ 
ments by the crown or the lord proprietary. 

Character of the New Governments. —As a consequence 


44 


RISE OF AMERICAN INSTITUTIONS 


of the hatred which had been engendered against the 
royal governors during the period immediately preceding 
the war, the powers of the chief executive in the new 
governments Avere much more limited than under the 
colonial governments. There Avas such strong opposition 
to the idea of a single executive that at first in Pennsyl¬ 
vania, DelaAvare, NeAv Hampshire and Massachusetts a 
council Avas substituted in place of a governor, and it Avas 
not until 1792 that DelaAA’are recognized that a governor 
elected by the people was not a menace to liberty. The 
assembly of representatives, chosen by the people, Avhich 
Avas found in every colony, Avas retained Avithout change, 
as it was clearly republican in character. The governor’s 
council became the senate, elected by the people or by 
their representatives, but to Avhich no one could be chosen 
unless he possessed certain qualifications. At first, in 
Pennsylvania and Georgia the entire legislative power 
was vested in the assembly, but later these States adopted 
the dual form of legislature. 

The English System the Model.—These State govern¬ 
ments Avere in their general form modeled after the Eng¬ 
lish system, as it Avas understood by the colonists. The 
governor resembled the English ruler. The upper house 
of the legislature, like the House of Lords, Avas supposed 
to represent the land OAvners and Avealthy colonists, as 
the ‘‘Lords” represented the English nobility. The 
loAver house, like the House of Commons, Avas composed 
of representatives of all classes, Avithout distinction as to 
rank or social position. There Avas this difference, hoAv- 
ever, betAveen the tAvo systems. In England the King 
and the “ Lords ” were hereditary, and the “ Commons ” 


THE STATE GOVERNMENTS 


45 


only were chosen by the people, while in the States all 
officers were selected by popular vote ; in England the 
sovereignty was in the monarch, while in America it was 
in the people. 


ANALYSIS OF COLONIAL GOVERNMENTS. 


Provincial (New Hampshire, New York, New Jersey, Virginia, 
the Carolinas and Georgia). 

{ Crown 


Legislative 


or 

I Governor. 

Assembly chosen by Colonists. 

Veto by Governor. 

Veto by Crown. 

Executive : Governor appointed by the Crown. 

Judicial: Judges appointed by the Crown. 

Proprietary (Maryland, Pennsylvania and Delaware). 

{ Council appointed by Lord Proprietary. 
Assembly chosen by Colonists. 

Veto by Governor and in some cases by Crow n. 

{ Lord Proprietary 

or * 

Governor appointed by Lord Proprietary. 
Judicial: Judges appointed by Lord Proprietary. 

Charter (Massachusetts, Connecticut and Rhode Island). 

{ Council selected by Representatives. 
Assembly chosen by Colonists. 

Veto by Governor. 

r Appointed by Crown 


Executive: Governor 


Judicia I: Judges 


I Selected by Colonists, 
r Appointed by Crown 
< or 

I Selected by Colonists. 



CHAPTER YII. 


THE CONSTITUTIONAL CONVENTION. 

Prominent Delegates.—Of the fifty-five delegates who 
took part in the Constitutional Convention, three are 
particularly worthy of mention. These are George W ash- 
ington, James Madison and Alexander Hamilton. 

Washington.—On the organization of the Convention, 
Washington was unanimously chosen president. His 
difficulties as commander-in-chief and the progress of 
events since 1783 had convinced him that some decisive 
action was necessary to preserve the Union. His views 
as to the necessary steps were general ; he left the detail 
to others. But he possessed a profound comprehension 
in applying governmental principles to present needs, 
while his experience during the war had broadened his 
views, so that they were national rather than local. In 
fact, he seemed to belong to all the States, and not to 
Yirginia alone, and throughout the deliberations at Phila¬ 
delphia he sought the general good rather than the ad¬ 
vancement of the interests of his own State. 

Madison.—The most active delegate was James Madison, 
then thirty-six years of age. He had served his State in 
Congress and had been prominent in the legislature. It 
was Madison who conceived the idea that distinct national 
and state sovereignties might exist in one system of gov- 


THE CONSTITUTIONAL CONVENTION 


47 


eminent and be applied to the same individuals ; and it was 
his draft of a scheme of government, known as the “ Yir- 
ginia Plan,” which became the basis for our present Con¬ 
stitution. During the sessions Madison not only spoke 
on every important question, but kept full notes, which 
are our chief source of knowledge of the proceedings of 
the Convention. 

Hamilton.—Equally prominent with Madison was Alex¬ 
ander Hamilton, then thirty years old. He had been 
a member of Congress and a delegate to the Annapolis 
Convention. His influence upon the Convention was 
marked, for it was through his efforts that the national 
government obtained a large part of the power with 
which it was clothed by the Constitution. His strength 
lay in his great knowledge of the principles of govern¬ 
ment, his power to apply them, and his ability to present 
his opinions in a clear and convincing manner. 

Franklin.—Of almost equal influence was Benjamin 
Franklin, then in his eighty-second year. His knowl¬ 
edge of public affairs extended over half a century, and 
he had represented the colonies and States in foreign 
countries for twenty-five years. This experience gave to 
his utterances a weight which their brevity and common- 
sense enhanced. He was the peacemaker of the Conven¬ 
tion. When debates became bitter or too personal, it 
was Franklin who by his wit and tact restored the dele¬ 
gates to good humor. When the Constitution was drafted 
in its final form, it was Franklin who moved its adoption, 
using in part the following words, which breathe the 
loftiest patriotism: 

The opinion I have had of its errors, I sacrifice to the public 


48 


RISE OF AMERICAN INSTITUTIONS 


good. Within these walls they were born, and here they shall 
die. If everj'^ one of us, in returning to our constituents, were to 
report the objections he had to it . . . we might prevent its 

being generally received, and thereby lose all the salutary effects 
and great advantages resulting naturally in our favor among 
foreign nations as well as among ourselves from our real or 
apparent unanimity. ... I hope, therefore, that for our own 
sakes as a part of the people, and for the sake of posterity, we 
shall act heartily and unanimously in recommending this Con¬ 
stitution . . . wherever our influence may extend, and turn 

our future thoughts and endeavors to the means of having it well 
administered. 

Other Statesmen Present.—Among the other prominent 
delegates was James Wilson of Pennsylvania, a signer of 
the Declaration of Independence and the great apostle of 
representative government. He was one of the leading 
American lawyers of his day, and his speeches in favor 
of the Constitution present the advantages of popular 
representation in the strongest light. There were also 
present Gouverneur Morris, to whose pen we are indebted 
for the clear and concise style of the Constitution, 
Charles Cotesworth Pinckney of South Carolina, Rufus 
King and Elbridge Gerry of Massachusetts, and Roger 
Sherman of Connecticut. 

Statesmen Absent.—Conspicuously absent from the Con¬ 
vention were Thomas Jefferson, at that time representing 
the Confederacy in Europe, and John Jay, then Secre¬ 
tary of Foreign Affairs. »Tohn Hancock and John Adams 
were not delegates, and Samuel Adams and Patrick Henry 
were opposed to any change in the existing government. 

Systems of Government Discussed.—Three forms of re¬ 
publican government were discussed in the Convention: 
namely, the National^ which placed the power in the 


THE CONSTITUTIONAL CONVENTION 


49 


hands of a central government and substantially did away 
with State lines except for the purposes of governing ; 
the Confederate or Federal^ which was similar to that 
instituted by the Articles of Confederation ; and a third 
form, a compromise between the others, which placed the 
power in all national matters in a central government, 
and left the local matters of each State to the exercise of 
its OAvn sovereignty. Under the latter plan both the 
general and State governments dealt, in their separate 
capacities, with the individual. 

Plans Proposed.—At the very outset, two plans were 
presented to the Convention. One of these, based upon 
the national idea, Avas prepared by Madison, and Avas 
knoAAm as the Yirginia Plan.” The other, based upon 
the confederate or federal* principle, Avas the work of 
Charles CotesAVorth Pinckney. On June 13 the com¬ 
mittee to which these plans had been referred reported 
faAwably on the ‘‘Yirginia Plan.” Then the E’ew 
Jersey delegates submitted wdiat is knoAvn as the “ l^ew 
Jersey Plan,” which proposed a government similar in 
many respects to that of the Confederacy. The larger 
States favored the “Yirginia Plan,” Avhich based a 
State’s representation in the central government upon 
the number of its inhabitants, and gave the national leg- 

* Use of the Word “ Federal ”—With the adoption of the Constitu¬ 
tion the word “ federal ” became generally applied to the system of 
government thereby established, while the system based upon a 
league between independent States was termed a “confederacy.” 
Thus the word “ federal ” was applied to the party which aimed at 
the adoption of the Constitution; and during the late civil war the 
same term was used to designate the Union forces, while the word 
“ confederate ” was applied to the armies of the seceding States. 


50 


KISE OF AMERICAN INSTITUTIONS 


islature the power of veto over state legislation ; while 
the smaller States supported the ISTew Jersey Plan,” 
which gave to each State an equal voice in the general 
government. Both plans differed radically from the 
Articles of Confederation, in that the three branches of 
government—the executive, legislative and judicial— 
which in the Confederacy had all been joined in the Con¬ 
gress, were separate and distinct. 

Virginia Plan Adopted.—The general outline of the 
a Virginia Plan ” was adopted, and the Convention pro¬ 
ceeded to take up the different subjects in detail and to 
harmonize the antagonisms among the various factions. 
It was during these discussions that the patience and 
patriotism of the delegates were often taxed to the 
utmost, and it was only through concessions by all that 
their labors were in the end successful. 

Constitution Submitted to the States.—The completed 
Constitution, a mass of compromises, was then submitted 
to the States for adoption. Conventions were called and 
a period of the most intense excitement followed. The 
work was attacked on all sides. The conservative ele¬ 
ment in the different States strenuously opposed the new 
form of government. They saw the power of the States 
diminished, and in their stead a central government 
established, which they believed to be so strong as to 
endanger state and personal liberty. Objections were 
made to the Executive, to Senators and Representatives 
voting as individuals, to an oath of allegiance to the 
general government, and particularly to the absence of a 
Bill of Rights. The delegates were also made the object 
of attacks and their motives were questioned. 


THE CONSTITUTIONAL CONVENTION 


51 


“The Federalist.” —It was in meeting and answering 
these objections that Hamilton, assisted by Madison and 
Jay, was most active, and exerted a powerful influence in 
obtaining the ratification of the Constitution. Their 
replies and arguments, published in a series of papers 
known as ‘‘ The Federalist,” and which is still considered 
among the most learned and valuable treatises upon the 
Constitution, silenced all attacks and convinced the peo* 
pie of the benefits of the proposed change. And after 
prolonged discussions, and even riots and violence, the 
conventions met, the work was ratified * and the estab¬ 
lished Constitution went into effect March 4, 1789. 

A list of the delegates is placed in Appendix II. 

♦ The States ratified the Constitution in the following order : Delaware, 
December 7, 1787; Pennsylvania, December 12, 1787; New Jersey, 
December 18, 1787; Georgia, January 2, 1788; Connecticut, January 9, 
1788; Massachusetts, February G, 1788; Maryland, April 28, 1788; South 
Carolina, May 23, 1788; New Hampshire, June 21, 1788; Virginia, June 
26, 1788; New York, July 26, 1788; North Carolina, November 21, 1789; 
and Rhode Island, May 29, 1790. 


PART THIRD. 


THE FEDERAL GOVERNMENT. 

CHAPTER I. 

THE PREAMBLE. 

Many conflicting opinions exist concerning the sources 
of American institutions. One extreme view is that of 
Sir Henry Maine, who says that the Constitution of the 
United States is a modified version of the English Con¬ 
stitution . . . Avhich was in existence between 1760 

and 1787.” In other words, American institutions are a 
mere copy of those of the England of that period. The 
other extreme is expressed by Mr. Gladstone—that ‘Ht is 
the greatest work ever struck off at any one time by the 
mind and purpose of man.” That is, that the scheme of 
government as set forth in the Constitution is wholly 
original and the invention of the members of the Con¬ 
stitutional Convention. Each of these views is partially 
wrong. The Constitution is not a copy, nor is it entirely 
original. The safer statement is that it is the product of 
the experience and observation of the people in their 
connection with England, their colonial and state govern¬ 
ments, and the Confederacy of 1781. This experience 
and observation had impressed upon the people the im¬ 
portance of a stable union. Its advantages had been 


THE PREAMBLE 


53 


seen during the colonial period under the distressing cir¬ 
cumstance of French invasion and Indian outbreak. Its 
necessity had been emphasized during the struggles of the 
War of Independence. Its weakness had been realized 
under the loose league of the Confederacy. 

During the war the purpose to win independence held 
the States together ; but when this was attained and the 
danger of foreign aggression had been removed, sectional 
prejudices and local interest proved stronger than the 
common tie, and the league ” began to fall apart. The 
faults of the Confederacy Avere apparent. Washington 
called them to the attention of the States ; and Hamilton 
and others, foreseeing the danger of disintegration, ear¬ 
nestly urged the establishment of a stronger government. 
It was to correct these faults and save the Union that the 
Constitutional Convention had been called. The problem 
before the delegates Avas definite. Their task Avas to de¬ 
vise such provisions as should appear to them necessary 
to render the . . . Federal Government adequate to 

the exigencies of the Union.” 

With the single exception of the experiment of the 
Confederacy, American experience had been limited to 
governments which dealt directly with the individual. 
This Avas the basis of government in England, the Col¬ 
onies and the States, but it was not so in the Confed¬ 
eracy. The latter dealt only with States, and the 
chief cause of its failure had been its inability to control 
the individual. Fully comprehending this defect, the 
Convention changed the basis of government and made 
authority over the individual the fundamental principle. 

Such a change in the object of governmental influence 


54 


THE FEDERAL GOVERNMENT 


necessitated a corresponding change in the source of gov- 
ernmental authority, for it was a principle of civil liberty, 
developed through the ages by the constant struggle 
against arbitrary rule, that governments derive ‘‘ their 
just powers from the consent of the governed.” This 
had been the foundation of colonial resistance to the 
tyrannical acts of the English Ministry, and in the Dec¬ 
laration of Independence it had been prominently asserted 
as a right which authorized the establishment of a new 
nation. The principle had been recognized in the Con¬ 
federation, for the authority of the central government 
had been granted by the States—the governed. 

Under the Constitution the governed were no longer 
the States ; they were the individuals composing the 
States. ‘‘ The People of the United States ” must, there¬ 
fore, be the source of power ; they must be made parties 
to the agreement before the government could justly ex¬ 
ercise authority over them as individuals ; their consent 
would make possible the remedy which was sought ; and 
this attained, perfect union was assured. 

This principle became the controlling idea in the Con¬ 
vention. And when by their solemn act the people 
adopted the Constitution and became parties to the 
national compact, a government was established which 
originated, as Daniel Webster declared, “ entirely with 
ihe people and rests on no other foundation than their 
assent”—a government ‘‘of the people, by the people 
and for the people,” a government of a union which the 
test of civil war has proved to be indivisible. It is the 
announcement of this principle and its application which 
is contained in the Preamble of the Constitution. For it 


THE PREAMBLE 


55 


asserts that the fundamental law and the government 
thereby established are the work of the people, and that 
the powers conferred were not delegated by sovereign 
States, but by the individuals of the United States, and 
it confidently declares the purposes of the governed and 
the benefits which would result in these memorable 
words: 

We, the people of the United States, in order to form a more 
perfect union, establish justice, insure domestic tranquillity, pro¬ 
vide for the common defense, promote the general welfare, and 
secure the blessings of liberty to ourselves and our posterity, do 
ordain and establish this Constitution for the United States of 
America. 


CHAPTER II. 


THE LEGISLATIVE BRANCH. 

/. CONGRESS, 

The National Legislature.—Among the first decisions 
reached in the Constitutional Convention was the division 
of the Government into three branches—the Legislative, 
Executive, and Judicial—and it was provided that; 

All legislative powers herein granted shall be vested in a 
Congress of the United States, which shall consist of a Senate 
and House of Representatives. (Art. I, Sec. 1.) 

Parliament.—At the time of the Constitutional Conven¬ 
tion the English legislature was a parliament, consisting 
of two ‘‘ houses ” : the Lords ” and Commons. ” The 
House of Lords was composed of men theoretically pos¬ 
sessing great ability, deriving their office not from the 
people, but from birth or appointment by the crown, and 
having in the main a life tenure. Conservative, digni¬ 
fied and removed from popular agitation and influence, 
it was a preserver of traditions and an opponent to the 
advancement of democratic principles. The House of 
Commons was composed of elective representatives, men 
of the people, chosen for short or uncertain periods, and 
swayed by the passions of their constituents. Radical, 
hasty, influenced by popular clamor, it was antagonistic 


CONGRESS 57 

to ancient privileges and the promoter of the growing 
power of the people. 

American Legislatures.—In the several States there pre¬ 
vailed practically the same system, but under the Con¬ 
federation the legislature consisted of a single “ house.’’ 
One of the earliest and bitterest contests of the Conven¬ 
tion of 1787 arose out of the discussion as to the form of 
the national legislature. 

The Virginia Plan.—The ‘‘ Virginia Plan ” provided 
for a legislature consisting of two houses, the members of 
the lower body to be elected directly by the people, while 
those of the upper house were to be chosen by the lower 
house from persons nominated by the legislatures of the 
respective States. The representation in both houses was 
to be proportionate to population ; and upon all questions 
the votes of the individual members were to be counted, 
a practice contrary to that of the Continental Congress 
and the Congress of the Confederacy. This proposition 
was opposed by the smaller States, which viewed it as an 
attempt to give the control of national affairs to the 
larger States. It was, in fact, a plan to secure represen¬ 
tation to the people as individuals and to remedy one of 
the defects existing under the Articles of Confederation. 

The New Jersey Plan.—The ‘‘Hew Jersey Plan ” pro¬ 
posed a continuance of the Congress of the Confederacy. 
It was intended to preserve the full power and influence 
of each State, jealous of its own rights and envious of the 
growing importance of its neighbors. 

Connecticut Compromise.—It was early decided that 
there should be two houses. The next point of discussion 
was the basis of representation,—whether the unit of rep- 


58 


THE FEDERAL GOVERNMENT 


resentation should be the State or the individual. A 
solution was presented by the Connecticut delegates, who 
were familiar with a legislature of two house§, the mem¬ 
bers of which were chosen in different ways. They pro¬ 
posed that the members of the lower house should be 
elected by the people in proportion to the population of 
the several States— i.e., individual representation ; while 
in the upper house each State should have an equal num¬ 
ber of members— i.e., State representation. This is 
known as the Connecticut Compromise.” 

Representation.—It was finally provided that: 

The House of Representatives shall be composed of members 
chosen every second year by the people of the several States, 
. . . (Art I., Sec. 2 Cl. 1) 

The Senate of the United States shall be composed of two 
Senators from each State, chosen by the legislatures thereof, for 
six years ; and each Senator shall have one vote. (Art. I., Sec. 3, 
Cl. 1.) 

Thus there was an apparent copying of the English 
system in the establishment of a Congress which resem¬ 
bled Parliament in having two houses, the.members of 
which differed as to manner of election and term of ofiBce, 
and only one of which houses directly represented and 
was responsible to the people, as individuals. And yet 
this copy is not real, for in England the House of Lords 
represents a class of society, while the Senate represents 
all the people of the State as a political body. 

Qualifications of Members.—The framers of the Consti¬ 
tution recognized a difference between these two houses, 
not only in composition, but also in the character of the 
members. It was expected that the Senate would be the 


CONGRESS 


59 


more dignified body, and would demand men of greater 
learning, broader views and more extended experience 
than those of the lower house. Provision was made 
to meet this expectation by requiring as qualifications 
that: 

No person shall be a Senator who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United 
States, . . . (Art. I., Sec. 3, Cl. 3.) 

No person shall be a Representative who shall not have attained 
to the age of twenty-five years, and been seven years a citizen of 
the United States, . . . (Art. I., Sec. 2, Cl. 2.) 

It will be observed that in the case of both Senators 
and Representatives extended citizenship is made a neces¬ 
sary qualification, to the end that their interests may be 
to the fullest degree in sympathy with the welfare of the 
nation. And to further emphasize this sympathy, and 
extend it to the States, it is required that each shall, 
‘‘when elected, be an inhabitant of that State” in or 
for “ which he shall be chosen.” (Art. I., Sec. 2, Cl. 2, 
and Sec. 3, Cl. 3.) And further, in order to secure the 
time and talents of such members to the legislative busi¬ 
ness of the government, it is provided, that: 

No Senator or Representative shall, during the time for which 
he was elected, be appointed to any civil office under the author¬ 
ity of the United States, . . . ; and no person holding any 

office under the United States shall be a member of either house 
during his continuance in office. (Art. I., Sec. 6, Cl. 2.) 

This provision prevents the possibility of dishonest 
practices on the part of ofidcials who, as such, might be 
responsible to themselves as members of Congress, or who 
in the latter capacity might determine the compensation 


60 


THE FEDERAL GOVERNMENT 


which they would receive in the other. N^either can a 
Senator or Representative he appointed as an Elector for 
the election of President. (Art. II., Sec. 1, Cl. 2.) The 
reason for this provision will he considered under the 
Executive Branch. 

Apportionment.—The next difference in the Constitu- 
tiona,! Convention arose over the method of apportioning 
the Representatives among the several States. In this 
controversy the parties were no longer the large and the 
small States, hut those who favored and those who op¬ 
posed slavery. The ‘‘ Yirginia Plan ” had provided for 
representation proportionate to the population of the 
States, and this was interpreted hy the delegates from the 
States which depended chiefly on slave labor to include 
slaves as well as freemen. On the other hand, the States 
whose citizens had few slaves claimed that, inasmuch as 
slaves were not entitled to any political privileges, such 
an interpretation was illogical and would give greater 
political power to the free voter in the slave ” State 
than to his brother in the free ” State—a principle op¬ 
posed to the ideas of civil equality. This question be¬ 
came involved with another—the basis of taxation. It 
is a principle of justice that those who enjoy benefits 
must bear the attendant burdens. So the free States 
insisted that taxation and representation should be ap¬ 
portioned on the same basis, and that if the slave was 
to be counted for the purpose of representation, so he 
must be counted for the purpose of apportioning taxes. 
This was opposed by the slave ” States, and a crisis was 
imminent when Madison proposed a solution in the form 
of a compromise by which it was determined that: 


CONGRESS 


61 


Representatives and direct taxes shall be apportioned among 
the several States . . . according to their respective numbers, 

which shall he determined by adding to the whole number of free 
persons, including those bound to service for a term of years, and 
excluding Indians not taxed, three fifths of all other persons. 
(Art. I., Sec. 2, Cl. 3.) 

Ratio.—The first apportionment of such representation 
was made on the basis of one Representative for every 
thirty thousand people (Id.). Thus, if a ‘‘free” State 
had a population of three hundred thousand persons, 
and a “ slave ” State a population of two hundred and 
ten thousand free persons and one hundred and fifty thou¬ 
sand slaves, a total population of three hundred and sixty 
thousand persons, each State would be entitled to ten 
Representatives and be liable to pay an equal amount of 
a national tax. Lest any State should be unrepresented 
by reason of a population of less than the ratio, it was fur¬ 
ther provided that “ each State shall have at least one 
Representative” {Id.). 

This method of apportioning Representatives and direct 
taxes continued until after the Civil War, when, in order 
to complete the work of granting full rights to the freed- 
men. Amendment XIY. was adopted, the second section 
of which provides that: 

Representatives shall be apportioned among the several States 
according to their respective numbers, counting the whole num¬ 
ber of persons in each State, excluding Indians not taxed. But 
when the right to vote ... is denied to any of the male 
inhabitants of such State, being twenty-one years of age, and 
citizens of the United States, . . . except for participation in 

rebellion or other crime, the basis of representation therein shall 
be reduced in the proportion which the number of such male 
citizens shall bear to the whole number of male citizens twenty- 
one years of age in such State. 


62 


THE FEDERAL GOVERNMENT 


Each State, therefore, is entitled to representation pro¬ 
portionate to the whole number of its citizens, and cannot 
be deprived of such right, save by its own act in unduly 
restricting political privileges. 

Increase of Members. — The Constitution does not fix 
the number of members in either house, but leaves it sub¬ 
ject to change. Such changes have occurred as the coun¬ 
try has grown in population, and the ratio of representa¬ 
tion has been increased after each national census,* taken 
in pursuance of the Constitution (Art. I., Sec. 2, Cl. 3), 
until it is now (1911) over one hundred and ninety-four 
thousand, notwithstanding which the House has grown 
from a body of sixty-five in the First to one of three hun¬ 
dred and ninety in the Sixty-second; and in the first ses¬ 
sion of the present Congress (1911), which began April 4, 
1911, there were three hundred and ninety-one members.f 
A similar growth has also occurred in the Senate. Al¬ 
though no change has been made in a State’s representa¬ 
tion in the upper house, each State admitted to the Union, 
has added two members to that body; so that it has in¬ 
creased from a membership of twenty-six to ninety-six. 

Term of a Congress. — The first Senators elected were, 
in pursuance of the Constitution (Art. I., Sec. 3, Cl. 2), 
divided into three classes with terms expiring in two, four, 
and six years respectively. As a result, one-third of the 
Senate has to be renewed every two years {Id.). This fact, 
together with the provision for the election of Representa¬ 
tives, determines the life of a Congress as two years. 

Sessions. — A Congress begins on the 4th day of March 
* Taken in 1790, and each tenth year since. 

t After March 3, 1913, the ratio of apportionment shall be 211,877 
population and the number of Representatives 433. Arizona and 
New Mexico will elect one member each to the present Congress. 


CONGRESS 


63 


in every odd-numbered year and continues until the sec¬ 
ond succeeding 4th day of March. Such Congress shall 
assemble at least once in every year” (Art. I., Sec. 4, 
Cl. 2). This meeting is called a session, and the regular 
date for its commencement is the first Monday in Decem¬ 
ber. A Congress has thus two sessions. The first, called 
the ‘‘Long Session,” commencing on the first Monday 
in December in an odd-numbered year, continues until 
the next succeeding spring or summer. The second, or 
“Short Session,” commencing on the first Monday in 
December in an even-numbered year, continues until the 
next 4th day of March. As a Representative is elected 
in an even-numbered year, it happens that more than a 
year elapses between his election and the first session of 
the Congress to which he is elected. But this is not 
always so. If necessary. Congress can be assembled by 
the President as soon as it comes into being ; for he can, 
‘ ‘ on extraordinary occasions, convene ’ ’ Congress (Art. 
II., Sec. 3), so that there may be more than the two regu¬ 
lar sessions. This happened in the Fifty-fifth Congress, 
in which there were three sessions. 

Place of Meeting.—Congress convenes in the Capitol 
in the City of Washington, the two houses meeting in 
rooms in the opposite wings of the building, known as 
the Senate Chamber and Hall of Representatives. But 
whenever for any cause it would be dangerous for the 
members to meet at their usual places, the President is 
authorized to convene Congress at any other place he 
may deem pro]^er. 

Change in “House.”—It is possible that there may be 
in each Congress a House of Representatives composed of 


64 


THE FEDERAL GOVERNMENT 


members entirely different from those of the preceding 
Congress. Theoretically, each ‘‘ House ” is new. 

The framers of the Constitution looked upon the 
House as the direct channel for the expression of the 
public will. Hence it has often happened that the mem¬ 
bership of that body has so changed that the majority in 
one House has been of opposite political faith to that 
of the preceding one, as the popular mind has been 
changed by some crisis. 

Stability of Senate.—With the Senate this is not so. 
This body is never new. Only one-third of its members 
is changed at the same time, so that it is continuing, two- 
thirds being composed of men of legislative experience. 
As a result, the Senate is not materially affected by 
change in popular sentiment. 

Characteristics Contrasted.—Thus we may view the two 
houses of Congress as reflecting the general character 
of the two houses of Parliament—the one, the House, 
vigorous, active, progressive, full of popular spirit and 
often chosen to meet the demands of present conditions ; 
the other, the Senate, calm, slow and bound by tradi¬ 
tion ; the one, a spur and promoter of legislation, the 
other, a check and curb. 

2. SENATORS AND REPRESENTATIVES, 

Election. —The times, places and manner of holding elections 
for Senators and Representatives, shall be prescribed in each 
State by the legislature thereof ; but the Congress may at any 
time by law make or alter such regulations, except as to the 
places of choosing Senators. (Art. I., Sec. 4, Cl. 1.) ^ 

Tinder this provision Congress can divide States into 


SENATORS AND REPRESENTATIVES 


65 


Congressional Districts and take any action relative to 
the election of members except to change the place of 
electing Senators, or, under Clause 1 of Section 2 of Arti¬ 
cle I., to prescribe the qualifications of electors of Repre¬ 
sentatives. Congress has, however, left these matters 
almost entirely to the several States, only prescribing a 
few rules for the purpose of uniformity. 

Senators.—Senators are elected by the legislatures of 
the States. Such election takes place on the second Tues¬ 
day after the organization of the legislature chosen next 
before the expiration of the preceding senatorial term. 
In each house of the legislature the members present, by a 
viva voce vote, name a person or persons for Senator, and 
the name of the person receiving the greatest number of 
votes is entered upon the journal of that house. At noon 
on the next day the members of both houses meet in a 
joint session, at which the journals of the two bodies are 
read, and if the same person received a majority of the 
votes in both houses he is declared elected Senator. 
However, if no person receives such majorities, the mem¬ 
bers in joint session proceed by a viva voce vote to choose 
a Senator, a majority of all the members being necessary 
for an election. If such a majority is not secured at the 
first session, the two houses meet jointly at noon on each 
succeeding legislative day and take at least one ballot for 
Senator until one is elected or the legislature adjourns. 
If a vacancy in the representation of any State in the 
Senate occurs by reason of death or otherwise, such 
vacancy is filled by the legislature in the same manner 
as a Senator is regularly elected. But if such vacancy 
should occur during a recess of the legislature, the gov- 


66 


THE FEDERAL GOVERNMENT 


ernor of such State may fill the vacancy by a temporary 
appointment until a Senator is elected at the next session 
of the legislature (Art. I., Sec. 3, Cl. 2) ; but the gov¬ 
ernor cannot make such an appointment after the legisla¬ 
ture has failed to elect. A person so elected or appointed 
receives from the governor of the State a certificate of his 
election or appointment directed to the President of the 
Senate of the United States. 

Representatives.—The number of Representatives to 
which each State is entitled is determined by Congress 
after each decennial census. Congress has fixed the time 
of their election as the ‘‘ Tuesday next after the first 
Monday in November ” in every even-numbered year. In 
States entitled to more than one Representative, they are 
elected by districts composed of contiguous territory 
and containing as nearly as possible an equal number of 
inhabitants,” which districts are determined and the 
boundaries fixed by the legislatures of the States. When, 
in a reapportionment, a State’s representation is increased, 
the additional Representatives are chosen by vote of the 
whole State, until the State is redistricted. They are 
called Representatives or Congressmen at Large, 

Gerrymandering.—This division of a State into Congres¬ 
sional Districts has often led to a political process called 
“ gerrymandering,” whereby the dominant party in the 
State has so manipulated the division as to secure to itself 
the greatest possible number of Representatives. The 
scheme, though originating in Virginia, is named from 
Elbridge Gerry, during whose term as Governor of Massa¬ 
chusetts, that State was so redistricted that one of the 
districts resembled a salamander, which a political oppo- 


SENATORS AND REPRESENTATIVES 


67 


nent called a “gerrymander.” The process consists of 
uniting hostile sections into one district, or of adding to 
a district in which the sentiment is evenly divided a sec¬ 
tion in which the friendly votes are sufficient to give the 
control to the dominant party. 

Residence.—Although by the Constitution a Represent¬ 
ative is only required to be a resident of the State from 
which he shall be chosen, custom has added that he also 
reside in the district from which he is elected. This is 
often criticised for the reason that it limits selection and 
excludes many persons of preeminent ability because of 
residence in districts which the opposite political party 
dominates. It is contrary to the English custom, which 
permits the election of a member of the House of Com¬ 
mons from a political division in which he is neither a 
resident nor has property. But the American custom 
makes the representative of a district acquainted with the 
needs and wishes of his constituents and guarantees a 
more general representation by precluding the possibility 
of all the representatives being chosen from one class or 
section of a State—a condition contrary to the theory of 
a republican form of government. 

Qualifications of Voters.—It is a notable fact that Rep¬ 
resentatives are the only members of the national govern¬ 
ment elected directly by the people. For the purposes of 
their election it is provided that 

the electors in each State shall have the qualifications requisite 
for electors of the most numerous branch of the State legislature. 
(Art. I., Sec. 2, Cl. 1.) 

This is a matter beyond the control of Congress and 
entirely within the power of the States to determine. 


68 


THE FEDERAL GOVERNMENT 


Hence the qualifications vary. In some States only males 
twenty-one years of age possess the electoral privilege. 
In others it belongs to both males and females. In some 
there are additional requirements, such as education or 
property or poll-tax. But whatever such qualifications 
may be, they must be uniform in their application 
throughout the State, and the right 

to vote shall not be denied or abridged ... on account 
of race, color, or previous condition of servitude. (Amend¬ 
ment XV.) 

Vacancies.—If vacancies occur in the representation 
from any State, the executive authority thereof shall 
issue writs of election to fill such vacancies ’ ’ (Art. I., 
Sec. 2, Cl. 4). The rules governing such election are the 
same as in the case of an original election. The person so 
elected serves only during the balance of the unexpired 
term. All Bepresentatives-elect are given certificates of 
election under the seal of their State, addressed to the 
House of Representatives. 

Delegates.—Besides Senators and Representatives, there 
is in each Congress one delegate from each Territory, 
who has a seat in the House of Representatives, with 
the right of debating, but not of voting.” Such dele¬ 
gates are there to present to Congress the needs and fur¬ 
ther the interests of the Territories which they represent. 

Review of Elections.—The certificates of election of 
Senators and Representatives are not absolute guaranties 
of seats in Congress. For, if there have been frauds or 
illegal practices in their election, the house to which they 
have been chosen has the power, after investigation, to 
set aside such election ; for: 


SENATORS AND REPRESENTATIVES 


69 


Each house shall be the judge of the elections, returns and 
qualifications of its own members, . . . (Art. I., Sec. 5, 

Cl. 1.) 

Oath.—Before these various Representatives take their 
seats they are required to take an oath to support the 
Constitution of the United States (Art. VI., Cl. 3). This 
is administered to Senators by the President of the Sen¬ 
ate, the new Senator being presented for that purpose by 
the other Senator from his State, called his colleague,” 
and to Representatives and Delegates by the Speaker of 
the House of Representatives. The oath is as follows; 

I [name] do solemnly swear [or affirm] that I will support and 
defend the Constitution of the United States against all enemies 
foreign and domestic ; that I will bear true faith and allegiance 
to the same ; that I take this obligation freely, without any 
mental reservation or purpose of evasion, and that I will well and 
faithfully discharge the duties of the office on which I am about 
to enter. So help me God. 

The action of former Senators, Representatives and 
certain federal and state officers in taking up arms 
against the United States during the Civil War led to 
the adoption of Section 3 of Amendment XIV., to give 
effect to which a further, or ‘‘iron-clad,” oath was ad¬ 
ministered for several years. The provisions of this 
Amendment have, however, been repealed, and only the 
regular oath is now required. And “ no religious test ” 
or oath can be required of any member of either house 
of Congress or of any federal or state officer (Art. VI., 
Cl. 3). 

Compensation.—Each Senator, Representative and Dele¬ 
gate receives the sum of seven thousand five hundred 


70 


THE FEDERAL GOVERNMENT 


dollars per year, together with a mileage fee of twenty 
cents per mile in going to and returning from each 
regular session. The Speaker of the House of Rep¬ 
resentatives receives twelve thousand dollars per year. 
In addition to his regular salary each member is allowed 
a fixed sum for newspapers, stationery, clerk hire and 
other necessary expenditures. 

Detention of Members. —The Constitution contains two 
provisions for the personal protection of Members of 
Congress. The first is that: 

They shall in all cases, except treason, felony and breach of the 
peace, be privileged from arrest during their attendance at the 
session of their respective houses, and in going to and returning 
from the same ; . . . (Art. I., Sec. 6, Cl. 1.) * 

This is but an enactment of an old English law for 
the protection of members of Parliament. As early as 
the reign of Edward I. it was declared unbecoming for a 
member of the king’s council to be “ distrained ” in time 
of its session, and in 1433 a statute was passed exacting a 
penalty from anyone who molested members coming to 
or returning from Parliament. This section extends to 
arrests for all civil causes, detention as a witness or sum¬ 
mons as a juror, and is not lost by a stoppage on the 
route for rest or on account of illness. Its object is not 
merely the protection of the individual member, but is for 
the convenience of the Government, which should not be 
deprived of the counsel and presence of legislators for any 
but the most serious reasons. Incidentally, this provision 
is a safeguard against the passage of noxious legislation 

♦ For definitions of Treason, Felony and Breach of the Peace, 
see pages 158, 215. 


ORGANIZATION AND METHOD OF WORK 71 

by the detention or removal, under legal forms, of men 
whose presence would make such action impossible. 

Freedom of Debate.—The second provision is that ‘‘ for 
any-speech or debate in either house, they shall not be 
questioned in any other place ” {Id.). This is also an 
English principle. In 1621 a statute of the House of 
Commons declared that: 

Every member hath freedom from all imprisonment . . . 

for or concerning any hill, speaking or declaring of any matter 
or matters touching the Parliament or Parliament’s business. 

The same principle was confirmed by the Bill of Rights. 
This provision makes it possible for a member to criticise 
any matter or person who may be before Congress, with¬ 
out fear of being charged with slander before a court, 
and is one of the strongest legislative provisions by reason 
of the perfect freedom which it guarantees. 

Adjournments Limited.—Having so provided for the 
protection of the members, it was expected that each 
house would devote its time to the business of the Govern¬ 
ment. And, that each branch should have the constant 
presence of the other, it was provided that: 

Neither house, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, nor 
to any other place than that in which the two houses shall be 
sitting. (Art. I., Sec. 5, Cl. 4.) 

3. ORGANIZATION AND METHOD OP WORK. 

Presiding Officers.—The Vice President of the United States 
shall be President of the Senate, but shall have no vote, unless 
they be equally divided. (Art. I., Sec. 3, Cl. 4.) 

The House of Representatives shall choose their Speaker 
. . . (Art. I., Sec. 2, Cl. 5.) 


72 


THE FEDERAL GOVERNMENT 


These provisions present a striking resemblance to the 
English custom. The presiding officer of the Senate is 
not a member of the body over which he presides nor is 
he chosen by that body, but, like the Lord Chancellor, 
derives his position by virtue of his office. He possesses 
only the right of a ‘‘ casting ” or deciding vote in the 
case of a tie—that is, when the votes for and against a 
question are equal. In the House of Representatives, as 
in the House of Commons, the presiding officer is a mem¬ 
ber of the body, elected by his fellow-members and 
known by the name of Speaker,’’ a title derived from 
that of the person formerly selected by the House of 
Commons to sign and present its ‘‘petitions,” as bills 
were called, or other communications from that body to 
the king. He is entitled to vote upon all questions before 
the House. 

The Speaker.—These officers are expected to perform 
only the usual duties of presiding officers, but the Speaker 
has gradually absorbed powers until he is one of the most 
important officers of the Government. He has great influ¬ 
ence with the House, and to a large extent controls 
legislation. He is usually the most capable member of 
the party in the majority, possessing great experience in 
legislation, familiarity with parliamentary procedure and 
knowledge of men and affairs. 

Other Officers.—^Each house possesses the power to 
choose its other officers (Art. I., Sec. 2, Cl. 5 and Sec. 3, 
Cl. 5). Besides the President pro tempore of the Senate 
(an officer who presides in the absence of the President 
of that body), the officers in each house are a Clerk, 
Sergeant-at-Arms, Chaplain, Postmaster, Librarian and 


ORGANIZATION AND METHOD OP WORK 73 


Doorkeeper, each of whom has one or more clerks and 
none of whom is a member of either body. The Clerk 
takes charge of the transacted business of his house, keeps 
the roll of members, preserves the minutes, is the custo¬ 
dian of bills and, in a word, has general management of 
the routine work. The Sergeant-at-Arms is the police 
officer and messenger of the house. He acts for the body, 
and disobedience to him is disobedience to the house. 
In the House his symbol of office is the ‘^mace,” and 
its appearance in his hands is generally sufficient to 
quell the greatest disorder and restore quiet. He is also 
the paymaster of his house. The Doorkeeper has charge 
of the rooms in which the sessions are held and the gal¬ 
leries where the public assembles to listen to the debates. 
These officers are usually nominated in a caucus,” or 
meeting, of the members of each political party, held 
before the assembling of Congress, and are then chosen 
by the votes of the body in open session. 

Quorum.—Ho business can be transacted in either house 
without the presence of a quorum, which consists of a 
maioritv of the members elected to that body. (Art. I., 
Sec. 5, Cl. 1.) 

But a smaller number may adjourn from day to day, and may 
be authorized to compel the attendance of absent members, in such 
manner, and under such penalties as each house may provide. (Id.) 

The object of these provisions is to secure in each body 
the presence of a sufficient number of its members, so that 
business may receive proper consideration. It is a recog¬ 
nition of the principle that all acts should be those of the 
majority. It insures the presence of a quorum by giving 


74 


THE FEDERAL GOVERNMENT 


to a few members—in the House fifteen—the power to 
cause absent members to be arrested and brought before 
the House by the Sergeant-at-Arms. This is known as 
a ‘‘ Call of the House.” 

Counting a Quorum.—The necessity of a quorum has 
often been taken advantage of by members hostile to the 
dominant party, and oftentimes in the case of a close 
vote a Sufficient number of members have left the room 
to reduce the number actually present to less than a 
quorum. Formerly a quorum was determined by the 
number of votes cast on a question, and it was possible 
for members to remain in their seats and not answer as 
their names were called, thus defeating by silence what 
they were powerless to defeat by open methods ; for, if 
less than a quorum responded to the roll-call, the trans¬ 
action of business was suspended, although enough mem¬ 
bers might be visibly present to constitute a quorum. 
This led to the adoption of a rule whereby all members 
present can be counted whether they vote or not. And 
a further rule provides that when all such members have 
been counted, if there is still no quorum, there may be 
had a “ Call of the House,” the arrested members being 
given the right to vote upon the question before the 
House. 

Formalities of Organization.—The first meeting of the 
House is presided over by the Clerk of the previous 
House, who calls the roll of the members-elect, and, 
having ascertained the presence of a quorum, directs the 
election of the Speaker. Oftentimes several ballots have 
to be taken before an election is secured. As soon as he is 
elected, the Speaker takes the oath of office, which is 


ORGANIZATION AND METHOD OF WORK 75 


administered by the Representative longest in continuous 
service as a member. The roll of the House is then called, 
and the Speaker administers the oath of office to the mem¬ 
bers. It is then usual to send a committee to inform the 
Senate that the House is organized, and to appoint an¬ 
other committee, which, in conjunction with a similar 
one from the Senate, waits upon the President and in¬ 
forms him that Congress is ready to receive any communi¬ 
cation that he may be pleased to make. 

Drawing Seats.—At an early time in the session occurs 
the drawing of seats. These are arranged in semicircu¬ 
lar rows facing the Speaker’s chair, and are equal to the 
number of members and delegates. A quantity of small 
balls is prepared, each having a number corresponding 
to a number on an alphabetical list of the members. 
These are thoroughly intermixed, and drawn from a box 
by an attendant, and as each member’s number is drawn 
he selects his seat. The members of the same political 
party usually sit on the same side of the House, and it is 
customary to permit the members longest in service to 
have first choice of seats. While this is going on in 
the House, a similar action is occurring in the Senate, 
where the new members are sworn in by the president of 
the Senate and seats are assigned. 

Committees.—^After the officers of the two houses have 
been selected, the committees are appointed. This is a 
very important matter, for upon their work depends, to 
a large extent, the usefulness of Congress. These com¬ 
mittees are many in number and various in size, and are 
intended to have jurisdiction of all subjects which come 
before their respective houses. Thus in the House the 


76 


THE FEDEEAL GOVERNMENT 


Committee on Ways and Means has control of matters 
relating to revenue and the bonded debt of the United 
States ; the Committee on Appropriations has charge of 
matters pertaining to the support of the different branches 
of the Government. There are also committees on For¬ 
eign Affairs, the Judiciary, Military Affairs, Banking and 
Currency, Railways and Canals, Territories, Insular 
Affairs, District of Columbia, Pensions, Post Offices, 
Coinage, Weights and Measures and many others. In 
the Senate are the Finance and Appropriations Commit¬ 
tees, corresponding to the Committees on Ways and 
Means and Appropriations of the House, the Foreign 
Relations Committee and many others with jurisdictions 
similar to those of the House. 

Method of Appointment.—In the Senate these commit¬ 
tees are appointed by the body itself, but in the House 
they are usually appointed by the Speaker. This is a 
source of great power to him, for he is enabled to exert 
great influence upon legislation by the selection of men 
holding views similar to his OAvn for the prominent posi¬ 
tions on important committees ; but it is customary to 
give the opposing political party a minority representa¬ 
tion on each committee. In each house the member first 
named on a committee is its chairman, and those of the 
most important committees possess great control over 
legislation. Thus the Chairman of the Committee on 
Ways and Means is, after the Speaker, the most influen¬ 
tial member of the House. He is considered the leader 
of his party on the ‘‘floor.” He is intrusted not only 
with the management of the business of his committee, 
but also with many other matters pertaining to the 


OEGANIZATION AND METHOD OF WOEK 77 


general conduct of work and tlie control of parliamentary 
tactics. 

Work of Committees.—To these committees are referred 
every measure introduced into either house of Congress. 
Being small bodies, they are able to give close attention 
to the questions presented, and by reason of training in 
special lines are enabled to exercise better judgment than 
could be done by the members of the house acting as a 
whole. Thus legislation is expedited, and thousands of 
useless measures are ‘‘ killed in committee ”—that is, cast 
aside and not reported. In the exercise of their duties 
the committees may call in the assistance of experts, may 
take testimony and compel the attendance of witnesses, 
and conduct any investigation which the importance of 
the matter before them may warrant. Upon their report 
depends largely the action of their house ; for although 
their decision is not final, yet, in the main, their judg¬ 
ment is followed. 

Rules.—The proceedings in each house are controlled 
by the rules which it makes for itself (Art. I., Sec. 5, 



and through the experience of years have grown into an 
intricate system, which not only directs the progress of ) 
business, but affects the decorum and conduct of mem¬ 
bers (Id.). 

Method of Legislation.—The progress of a biU, or pro¬ 
posed draft of a law, through the House is substan¬ 
tially as follows: It is introduced by being presented to 
the Clerk, indorsed with its title and the name of the 
member introducing it. The Clerk gives it a number, 
and when reached under the proper order of business it is 


78 


THE FEDERAL GOVERNMENT 


read the first time. It is then handed to the Speaker, 
who puts the question whether it shall be read a second 
time. If it is so decided, the bill goes back to the Clerk 
to await its second reading. This must regularly be on 
another day. When it is again read, it is sent to the 
committee which has charge of its subject. Here it is 
examined, and with or without amendments is reported 
to the House. It is then considered in what is called a 

Committee of the Whole ” (an informal organization of 
the whole House for the purpose ‘ of discussion, oyer 
which some member, other than the Speaker, presides), 
where it may be debated and further amended. It is 
then read a third time, and the question is put, ‘‘ Shall 
the bill pass?” If it receives a majority vote, it is 
signed by the Speaker and attested by the Clerk, with 
a note of the date of its passage. This method, with but 
slight differences, is pursued in the Senate. A bill, after 
its title, begins with the following words: Be it enacted 
by the Senate and House of Representatives of the United 
States of America in Congress assembled. That ” . . . 

Filibustering.—The progress of a bill is not always easy. 
At every point it may meet opposition. Amendments, 
delays, all the tricks of parliamentary tactics may be em¬ 
ployed to impede it, and oftentimes an ‘‘ active minority” 
may be able to defeat the will of the majority. Such 
methods are called ‘‘ filibustering. ” They are not usually 
successful, however ; for by the rigorous enforcement 
of the rules a Speaker is able to guide a measure through 
the fiercest opposition. Even debate can be cut off in the 
House by a call for the “previous question,” which 
is undebatable, and being adopted brings up the measure 


ORGANIZATION AND METHOD OF WORK 79 


for immediate vote. In the Senate there is no way to 
stop debate, and it is possible for an opposition to con¬ 
sume a whole session in the discussion of a question. 
This is an instance of ^‘senatorial courtesy,” a sentiment 
arising from the dignified character of the body, which 
excludes all limitations upon the official conduct of a 
Senator and concedes to him freedom in accordance with 
the dignity of his position. 

Records of Proceedings.—Pursuant to Article I., Sec¬ 
tion 5, Clause 3, a record of the proceedings in each house 
is kept in a “ journal,” in which is set forth the roll, bills 
introduced, motions, resolutions, rulings of the presiding 
officer, business, and votes taken with the name and vote 
of each member when required by one-fifth of the mem¬ 
bers present. In addition to this record there is published 
each day during the session a paper called the “ Congres¬ 
sional Record,” in which is a verbatim report of the inci¬ 
dents of the preceding day. This is distributed according 
to law among certain officials, Senators and Representa¬ 
tives and libraries, and upon payment of a small fee to 
the public at large. 

Interaction of Houses.—In its work neither house is 
independent of the other. While each acts by itself, 
both must agree in the result, or action fails. Thus, a 
measure which has passed one house may be rejected by 
the other, or a bill may be amended in one house after 
its passage in the other, in which case it must repass the 
first body in its amended form. Often, for the purpose 
of hastening important legislation, the same bill is intro¬ 
duced simultaneously in both houses, when it is called a 
“ joint bill,” a “ joint resolution ” or a “ concurrent reso- 


80 


THE FEDERAL GOVERNMENT 


lution.” All these possibilities lead to many complica¬ 
tions ; and frequent interviews, or, as they are called, 
“meetings of conference committees,” are held and a 
compromise effected. Thus each house acts as a check 
on the other. Thus each, reviewing the work of the 
other, tends to produce better legislation; and while there 
are often delays which are irksome to the public, and 
while legislation is often produced which falls short of 
the popular desire, yet the results are generally satisfac¬ 
tory and the delays are counterbalanced by freedom 
from radical measures, a characteristic which has marked 
our national legislation during more than a hundred 
years. 

4, LEQISLATIVB POWERS. 

General Limitation.—The fear of a strong central gov¬ 
ernment and the desire to retain all possible powers in 
the several States were marked political characteristics of 
the people at the time of the Constitutional Convention. 
During its entire session the local powers of the States 
were jealously guarded, and only those were granted to 
the national government which were general in character, 
and such as could not be properly administered by the 
States themselves. Even then the people were fearful of 
the new government, and among the early amendments 
added to the Constitution was one which provided that: 

The powers not delegated to the United States by the Constitu¬ 
tion, nor prohibited by it to the States, are reserved to the States 
respectively, or to the people. (Amendment X.) 

Constitutionality.—It was intended by this amendment 
to place beyond contradiction the fact that the United 


LEGISLATIVE POWERS 


81 


States Government was not one of original powers, but 
possessed merely those which the Constitution delegated 
to it. Hence, in considering any question of national 
legislation or action, the inquiry, Is it constitutional? ” 
means is there in the Constitution any provision which, 
under reasonable interpretation, gives the Government 
authority for the act. From the time of the First Con¬ 
gress every act of legislation has been subjected to this 
test, and the differences of opinion upon these questions 
have generally marked the two great political parties of 
the country—the one, termed ‘‘Loose Constructionists,” 
insisting that the Constitution granted not only the 
powers expressly stated, but all others that could reason¬ 
ably be inferred from it; the other, called “ Strict Con¬ 
structionists,” denying the existence of any implied 
authority and insisting upon a literal interpretation of 
the Constitution. 

Taxation.—The weakness of the confederacy showed 
the framers of the Constitution the necessity of extensive 
and strong powers in the general government. They were 
familiar with the inability of the confederacy to enforce 
its requisitions for money and Avith its resulting helpless¬ 
ness. They felt that there was no more important func¬ 
tion of government than that of levying and collecting 
taxes ; for however vast the resources, hoAvever extensive 
the boundaries, however patriotic the citizens, the Gov¬ 
ernment Avas powerless if it could not compel the use of 
these resources for its support. They, therefore, provided 
that: 

The Congress shall have power to lay and collect taxes, duties, 
imposts and excises, to pay the debts and provide for the common 
6 


82 


THE FEDERAL GOVERNMENT 


defense and general welfare of the United States; . , . (Art. 

I., Sec. 8, Cl. 1.) 

Of this power, Chief Justice Chase said: 

To the existence of the States and to the existence of the United 
States the power of taxation is indispensable. It is an essential 
function of government. It was exercised by the colonies and by 
the states formed therefrom. Under the Articles of Confederation 
the Government was limited in the exercise of this power to 
requisitions upon the States. The Constitution changed this con¬ 
dition of things. It gave the power to tax directly and indirectly 
to the national government. 

Direct Taxes.—A direct tax is defined by Mill as a charge 

which is demanded from the very persons who, it is in¬ 
tended or desired, should pay it.” Such taxes are poll 
or capitation tax, imposed upon individuals at so much a 
person (literally, ‘‘per head”), charges upon lands, per¬ 
sonal property, incomes, and the rents and profits of prop¬ 
erty. In the levying of such direct taxes provision was 
made that no State should bear more than its share of 
the burden. 

Direct taxes shall be apportioned among the several States 
. . . according to their respective numbers. (Art. I., Sec. 2, 

CL 3.) 

No capitation, or other direct, tax shall be laid, unless in pro¬ 
portion to the census or enumeration hereinbefore directed to 
be taken. (Art. I., Sec. 9, Cl. 4.) 

When a direct tax is laid, the amount of money to be 
raised is first ascertained, and the tax is apportioned 
among the States according to their population at the 
last census. 

Indirect Taxts,—Indirect taxes are defined as “those 


LEGISLATIVE POWERS 


83 


which are cleinanded from one person in the expectation 
and intention that he shall indemnify himself at the ex¬ 
pense of others. ” Such taxes are duties or imposts, im¬ 
posed upon the importation of goods, and excises, an 
inland tax levied upon the manufacture or sale of certain 
articles and upon licenses to pursue certain trades or to 
deal in certain commodities. In the levying of such indi¬ 
rect taxes it was provided that they should ‘‘be uniform 
throughout the United States’’ (Art. I., Sec. 8, Cl. 1). 
By “ uniform ” is meant that such taxes shall be the same 
in one State as in another, regardless of population, a 
characteristic in which they differ from direct taxes. But 
all articles need not be taxed alike. Thus tobacco may 
be taxed at one rate, silk at another, while other com¬ 
modities may be under very different charges, but the 
charge on each class of articles is the same everywhere. 

The Tariff.—Duties and imposts, also called “ customs,” 
are charges made upon imports, and are of two kinds— 
specific and ad valorem. A specific duty is a certain sum 
charged on each article, regardless of its cost or value, 
as so much per pound, gallon or yard. An ad valorem 
duty is a charge made at a certain percentage of the cost 
or value of the article. The list of dutiable goods, with 
the prescribed charges, is called the “tariff.” About 
the levying of duties and imposts have centered some of 
the fiercest political struggles of this country ; and the 
character and purpose of the duties imposed have in sev¬ 
eral campaigns marked the division of the great parties. 
Civics is not the place to enter into a discussion of the 
economic features of the subject of duties. That belongs 
to the study of Political Economy. It will be sufficient 


84 


THE FEDERAL GOVERNMENT 


for the present to know that in the division of sentiment 
caused by this subject there is one party whose members 
are known as Protectionists,’’ who insist that under the 
implied powers of the Constitution the Government has 
the right to impose duties and imposts, not only to supply 
revenue for its support, but also to encourage and foster 
manufacturing and other industries in the country, and 
for this purpose to raise the charges so high as practically 
to prohibit the importation of goods. Opposed to this 
party are the so-called ‘^Free-Traders,” who advocate 
the collection of duties for the support of the Govern¬ 
ment, but deny that they can be constitutionally imposed 
for any other purpose. 

A modification of “protection” is the reduction of 
duties upon imports from a country in return for a sim¬ 
ilar reduction by it upon American goods. This is termed 
“reciprocity,” and is established by treaty (page 132). 
The converse, called “retaliation,” is the increase of 
duties upon imports from a country which has increased 
its duties upon American articles. This is done by the 
President, to whom the power is usually given by Con¬ 
gress. 

Collection of Duties.—In order to collect these duties 
certain places along the coasts and borders of the country 
are designated as Ports of Entry^ where are government 
buildings called Custom Houses^ in charge of ofiicers 
known as Collectors of Customs. At these places cargoes 
are examined by the Collector or his agents, called In¬ 
spectors, and duties are computed and collected upon im¬ 
portations according to the schedules fixed by law. Duti¬ 
able articles constitute a long list, and consist of so-called 


LEGISLATIVE POWERS 


85 


luxuries, as diamonds, works of art, silks and the like ; 
certain necessaries, as clothing ; and a large number of 
other articles, raw ” and manufactured. 

Internal Revenue.—Excises constitute what is known 
as the internal revenue of the country, and are taxes 
levied upon the manufacture and sale of liquors and 
tobaccos, and frequently upon other articles, such as 
telegrams and legal and commercial papers, upon which 
have to be affixed revenue stamps varying in value from 
a fraction of a cent to many dollars. Matters pertaining 
to the sale of these stamps and the collection of this rev¬ 
enue are in the charge of government officers called Col¬ 
lectors of Internal Revenue. 

The National Income.—These taxes, direct and indi¬ 
rect, constitute the sources of the national income. The 
receipts are nearly always sufficient for the demands of 
the Government, and at times have been so large as to 
rapidly diminish the great debts incurred in the several 
wars in which we have been engaged. Indeed, so great 
have been the indirect revenues that, except in a very rj 
few instances, no direct taxes have ever been levied.* 

Commerce.—Intimately connected with this power of 
Congress is that ^^to regulate commerce with foreign 
nations, and among the several States, and with the In- 

* The principal direct taxes levied by the general government were the 
following : July 14, 1798, two millions of dollars ; January 9, 1815, six 
millions of dollars ; August 5, 1861, twenty millions of dollars, to be 
levied annually thereafter. In the latter case the taxes were not collected 
by officers of the United States, but each State paid its portion from the 
moneys in the State treasury. This tax was collected but once, and the 
act was suspended. In 1891 the United States refunded to the States 
the sums which they had paid on the tax of 1861. 


86 


THE FEDERAL GOVERNMENT 


dian tribes ’’ (Art. I., Sec. 8, Cl. 3). Commerce, ” as here 
used, means not only trade, but also intercourse and navi¬ 
gation. Before the Constitution all such laAvs were en¬ 
acted by the States, and the greatest confusion resulted. 
But because the regulation of commerce was a matter of 
general interest, and for the purpose of uniformity, it 
was delegated wholly to the general government. Under 
this section Congress has power to appropriate moneys to 
render navigation less dangerous, to build lighthouses, to 
provide life-saving stations, improve harbors, dredge 
rivers, establish quarantine regulations, license and re¬ 
quire the employment of licensed pilots, make surveys of 
the coasts, issue charts and maps, and perform many other 
acts of a similar nature. 

Shipping Regulations.—By virtue of this power Con¬ 
gress has made regulations requiring American-owned 
vessels to be registered^ an act which accords to such ves¬ 
sels privileges not extended to foreign ships, such as to 
engage in the coasting trade and to be protected by the 
Government if seized or injured by a foreign power. So, 
also, a vessel upon leaving port is required to take out 
a certificate called a clearance^ issued by the collector of 
customs, shoAving that all harbor fees have been paid and 
regulations observed. Upon arrival at an American port, 
a further regulation requires a vessel to be entered —that 
is, to report to the collector, present a statement of its 
cargo and deliver the clearance Avhich it received from 
the last port. This last, however, is not generally re¬ 
quired of American vessels engaged in the coasting trade. 
All other laAvs relative to the merchant marine of the 
nation rest upon this section. 


LEGISLATIVE POWERS 


SI 

Interstate Commerce.—Under this section laws have 
also been passed controlling railroads whose business is 
conducted in two or more States, prescribing rules for 
their management, construction and rates for freight. 
And, finally, it is from this section that Congress derives 
its authority to regulate all intercourse and trafiic with 
the Indians. 

Federal Taxes and State Taxes.—The power to levy 
duties and imposts and to regulate commerce belongs 
peculiarly to Congress, for it is provided that: 

No State shall, without the consent of the Congress, lay any 
imposts or duties on imports or exports, except what may be 
absolutely necessary for executing its inspection laws; . . . 

(Art. I., Sec. 10, Cl. 2.) 

And the Supreme Court of the United States has held 
that the right to regulate commerce is exclusively vested 
in Congress and cannot be exercised by a State.” This 
is not true of the right to levy direct taxes. This right is 
co-existent in state and national governments, and the 
exercise of it by Congress does not preclude a State 
from taxing the same property, though the claims of the 
general government are superior; and if there is not suffi¬ 
cient property to satisfy the demands of both govern¬ 
ments, that of the nation has preference. 

Restrictions on Taxation.—It should be observed that 
the purposes for which Congress is thus given the power 
to tax are ^Ho pay the debts and provide for the com¬ 
mon defense and general welfare of the United States” 
(Art. I., Sec. 8, CL 1). The courts have held that taxa¬ 
tion purely in aid of personal or private objects is beyond 


88 


THE FEDERAL GOVERNMENT 


legislative power, and that Congress cannot even raise a 
tax for purposes which are within the exclusive jurisdic¬ 
tion of a State. 

There is another restriction upon this power of Con¬ 
gress. That is, that ‘‘no tax or duty shall be laid on 
articles exported from any State ’’ (Art. I., Sec. 9, Cl. 6). 
The reason for this provision is that the extent of the 
country is so great and its resources so varied that a uni¬ 
form burden of export duties would be practically im¬ 
possible, and the interests of the various States would be 
constantly demanding recognition, which would destroy 
trade stability and result in the greatest confusion. Fur¬ 
thermore, such taxation would tend to impede the growth 
of industries by making the charges upon their products 
so high as to render competition in a foreign market im¬ 
possible. Uniformity in commercial regulations is assured 
by the provision that: 

No preference shall be given by any regulation of commerce or 
revenue to the ports of one State over those of another ; nor shall 
vessels bound to, or from, one State, be obliged to enter, clear, or 
pay duties in another. (Art. I., Sec. 9, Cl. 6.) 

Power to Borrow.— The revenues just considered are 
adequate in times of peace and usual prosperity. But 
there arise conditions when these are insufficient. The 
Civil War created such a condition. So, also, a crisis may 
arise when the revenues are depleted and time will not 
permit the collection of sufficient taxes to prevent national 
embarrassment. To provide against such an emergency. 
Congress can “ borrow money on the credit of the United 
States” (Art. I., Sec. 8, Cl. 2). 


LEGISLATIVE POWERS 


89 


This is a very important provision. Chief Justice 
Marshall said: 

No provision can be selected which is of more vital interest to 
the community ... No power has been conferred by the 
American people on the government, the free exercise of which 
more deeply affects every member of our republic. In war, when 
the honor, safety and independence of the nation are to be 
defended, when all its resources are to be strained to the utmost, 
credit must be brought in aid of taxation, and the abundant 
revenues of peace and prosperity must be anticipated to supply 
the exigencies of the moment. 

Coinage; Weights and Measures.—An important power 
of Congress is the one: 

To coin money, regulate the value thereof, and of foreign coin, 
and fix the standards of weights and measures. (Art. I., Sec. 8, 
Cl. 5.) 

The trading instinct has made necessary some medium of 
exchange. For this the precious metals have been found 
the most practicable, and gold and silver are now gen¬ 
erally used, with nickel and copper for small values. At 
first these media passed by weight; later they were made 
into coins—that is, stamped into shape and marked with 
some device significant of their value. This, however, 
was not an absolute guaranty of value, and so govern¬ 
ments took upon themselves the power to coin money, 
and the stamp affixed to a coin is a pledge by the govern¬ 
ment that the value of the coin is what it purports to be. 

Monetary System.—At the time of the adoption of the 
Constitution there was no fixed monetary system in the 
country. Spanish milled dollars, English shillings and 
other foreign coins were in common circulation. The 


90 


THE FEDERAL GOVERNMENT 


need of a uniform system was evident. This could not 
be obtained by leaving it to the States, for each might 
adopt a different standard of weight or purity. So the 
right to coin money was granted to Congress, together 
with the power to regulate the value of foreign coins in 
exchange for those of this country. Uniformity resulted. 
The dollar is the same in all sections of the country, 
and trade is carried on freely without the necessity of 
testing the purity or weight of coins. The Government 
does its coining in buildings called mints, of which there 
are several, in different cities. The principal one is at 
Philadelphia, Pa. 

Systems of Weights and Measures.—Although uniform¬ 
ity in weights and measures is within the power of Con¬ 
gress, it has never exercised this power beyond adopting 
for the use of custom houses the English system, and 
legalizing the use of the metric system. The English 
system is in general use throughout the country, each 
State government compelling the instruments used within 
its jurisdiction to conform to standards furnished by the 
general government. In scientific work, however, the 
metric system is largely in use, and there is a growing 
opinion that for the sake of international trade it should 
be made the standard of the country. 

Counterfeiting.—The power of Congress over the money 
of the country would be practically useless were it not 
connected with another power: 

To provide for the punishment of counterfeiting the securities 
and current coin of the United States. (Art I., Sec. 8, Cl. 6.) 

To counterfeit is “ to copy or imitate without authority 


LEGISLATIVE POWERS 


91 


or right, and with a view to deceive or defraud by pass¬ 
ing the copy for the original or genuine.” It is counter¬ 
feiting even to issue a coin of equal weight and purity 
with that of the Government. Under the power to bor¬ 
row money there have been issued from time to time 
bonds or promises of the Government to pay certain sums 
of money at certain times. These, and the paper cur¬ 
rency of the Government, which is constantly in circula¬ 
tion, constitute the securities of the United States. Be¬ 
sides these, there are postal and internal revenue stamps. 
The chief value of all these depends upon their genuine¬ 
ness, and it was to prevent their imitation that this 
power was given to Congress. Counterfeiting has, there¬ 
fore, been declared a crime, and severe punishments are 
prescribed for those detected in it. Nor is this all. The 
crime is considered twofold, as against the Government 
and as against the people, for the punishment of which 
latter offense the several States have also enacted laws. 

Postal Service.—Congress has power to establish post- 
offices and post-roads” (Art. I., Sec. 8, Cl. Y). In the 
exercise of this power the Government comes in direct 
contact with the greatest number of people. The hand¬ 
ling of the mails is a matter too extensive to be conducted 
satisfactorily by private enterprise. Formerly communi¬ 
cations were carried by slaves or other messengers ; but 
the development of trade, necessitating prompt and safe 
transmission of mails, demanded a cheap and certain 
postal service available to the general public. This could 
best be obtained by giving its control to the federal gov¬ 
ernment. At the time of the Constitutional Convention 
this power was not deemed of particular consequence^ 


92 


THE FEDERAL GOVERNMENT 


Madison spoke of it as ‘‘ a harmless power which may, 
perhaps, by judicious management become productive of 
great public convenience.’’ At that time, however, it 
took four weeks to send a letter from Philadelphia to 
Boston and receive a reply, and the rate of postage was 
six cents for any distance less than thirty miles, with a 
maximum charge of twenty-five cents for a distance 
exceeding four hundred and fifty miles. 

This provision includes the power to designate the vari¬ 
ous classes of mail matter and fix the rates of postage, to 
provide for the transmission of money by post, and 
through treaties with other nations arrange for the for¬ 
warding of mails to any part of the civilized world. 
Through its extension every hamlet has been provided 
with a post-office, while in cities and many rural sections 
there is a free collection and delivery of mail. All roads 
within a State, including railroads, canals and rivers, 
become by law ‘‘post-roads” when the mail is trans¬ 
ported over them, and whatever may be the obstruction 
to ordinary traffic, whatever mobs may do to impede the 
passage of trains, free progress is given to the stage or 
train which carries the United States mail. For some 
officers of the Government in the conduct of official busi¬ 
ness the mail is carried free. This is called a frank or 
franking ^privilege; and severe penalties are imposed 
upon any one using a frank for other than official busi¬ 
ness. Congress has also made laws to prevent the send¬ 
ing through the mails of explosives, poisonous insects and 
reptiles ; publications, pictures and communications of an 
immoral character ; and other similar abuses of the postal 
service. 


LEGISLATIVE POWERS 


93 


Patents and Copyrights.—Another power given to Con¬ 
gress is: 

To promote the progress of science and useful arts, by securing 
for limited times to authors and inventors the exclusive right to 
their respective writings and discoveries. (Art. I., Sec. 8, Cl. 8.) 

This is exercised by the granting of letters patent and 
copyrights. The idea embodied in this provision arose 
from a desire to encourage invention and research, on 
the theory that it would increase the general welfare of the 
country. If new inventions became at once free to the 
world, it was seen that men would not spend the time 
necessary to their perfection, and the development of the 
arts would be impeded. But to give them the exclusive 
and unending benefit of their discoveries and inventions 
was deemed unwise, since it would create a perpetual 
monopoly. Therefore the privilege was limited. 

Letters Patent .—-Letters jpatent are official documents 
granting to the recipient or his representatives the sole 
right for the period of seventeen years to make, use and 
sell, within the United States and its territories, an arti¬ 
cle invented or discovered by him. A person making an 
invention can either obtain a patent at once, or, if he 
desires further time to perfect his work, can protect him* 
self for the period of one year by taking out a caveat. 
This is done by filing ^in the Patent Office at Washington 
a description of his invention. If, however, he desires a 
patent, he must make application in writing to the Com¬ 
missioner of Patents at Washington, fully describing his 
invention and its purpose, with a claim as to its novelty. 
Oftentimes a model is required to be sent with the 


94 


THE FEDERAL GOVERNMENT 


application, and if the invention or discovery is a com- 
pound or composition of matter, the applicant may be 
required to furnish specimens of the ingredients sufficient 
for an experiment. If, after examination, it appears that 
the invention is novel or new, a patent will be issued. 

Copyrights.—A copyright is an exclusive privilege 
granted to a person or his representatives for the period 
of twenty-eight years, with the privilege of renewal to 
himself or his widow or children for the further term of 
fourteen years, to print, publish, make or sell some lit¬ 
erary or artistic production. Copyrights are issued upon 
books, maps, musical and dramatic compositions, paint¬ 
ings, engravings, photographs, statuary, designs and 
numerous other productions. In order to procure a copy¬ 
right the applicant must, before publication, deliver or 
mail to the Librarian of Congress at Washington a 
printed copy of the title page of the book or description 
of the article, upon which an entry of the copyright is 
made in the official records. Within ten days after the 
publication he must also deliver to the Librarian of Con¬ 
gress two copies of the book or composition; or if a paint¬ 
ing, engraving, statue or design, a photograph thereof. 
To protect himself in his production he is required to 
print on the title page of the book or the one next fol¬ 
lowing, or upon some conspicuous place on his map, de¬ 
sign, picture or other article, the following: ‘‘Entered 
according to act of Congress in the year [date] by [name] 
in the office of the Librarian of Congress, ’ ’ or the words, 
“Copyright [date] by [name].” 

Infringements.—The issuance of a patent or a copyright 
is not an absolute guaranty by the Government of the 


LEGISLATIVE POWERS 


95 


rights described in it. For if there has been a prior pat¬ 
ent or copyright which covers the same invention or pub¬ 
lication, the subsequent patentee or holder of the copy¬ 
right obtains no right to manufacture, publish or sell the 
invention or publication, and in case he does so, he is liable 
to a prosecution for infringement in the United States 
courts, and the payment of damages. 

Exterritorial Power.—Power is also given to Congress 
to 

define and punish piracies and felonies committed on the high 
seas, and offenses against the law of nations. (Art. I., Sec. 8, 
Cl. 10.) 

Piracy is defined as “robbery or forcible depredation on the 
high seas without lawful authority.” On land the crime of highway 
robbery corresponds to it. 

High Sea is the uninclosed portion of the ocean, three miles out¬ 
side of the general line of the coast. A felony is a crime of a high order 
whose punishment is death or long imprisonment. 

Law of Nations is the system of justice recognized by civilized 
nations as that which ought to control their intercourse with each 
other. 

The provision relating to offenses against the Law of 
ISTations has been judicially held to apply to offenses on 
the high seas, but the language of the Constitution would 
seem to bear a broader interpretation. 

This power was given to Congress because such matters 
were beyond the control of the several States, and because 
in our relations with other nations the national govern¬ 
ment is held responsible for all infringements of their 
rights or those of their subjects; and unless power resided 
in the Government to punish such offenses, frequent con¬ 
troversies would result and become a constant menace to 
our peaceful relations. 


96 


THE FEDERAL GOVERNMENT 


For the purpose of supplying courts for the trial of 
piracies and other crimes in violation of the United States 
statutes, Congress was authorized ‘‘ to constitute tribunals 
inferior to the Supreme Court” (Art. I., Sec. 8, Cl. 9). 
Of these courts and their jurisdiction mention wili be 
made in a later chapter. (See pages 159, 165.) 

Citizenship.—One of the perplexing questions during 
our national life has been that relating to citizenship. 
For many years it was generally maintained that there 
was no such distinctive character as that of a citizen of 
the United States.” The title citizen of a State ” was 
long recognized, and as such a person was considered a 
citizen of the United States. But this excepted from 
citizenship all residents of the Territories and the District 
of Columbia, these not being States. This question was 
removed by the adoption of Amendment XIY., which 
provided that: 

All persons born or naturalized in the United States, and subject 
to the jurisdiction thereof, are citizens of the United States and of 
the State wherein they reside. (Sec. 1.) 

Citizenship implies correlative obligations; that is, alle¬ 
giance, or fidelity and obedience on the part of the citi¬ 
zen, and protection on the part of the Government. Thus 
a citizen of the United States owes to the Government 
certain duties, as sharing in its defense and support and 
aiding in the execution of its laws. Since in our rela¬ 
tions with foreign powers we are not recognized as indi¬ 
vidual States, but as a nation, an American citizen is 
everywhere entitled to demand the support and protec¬ 
tion of the full power of the United States. 


LEGISLATIVE POWERS 


97 


Determination of Citizenship.—Citizenship is determined 
in two ways. First, all persons are citizens who are born 
within the United States and subject to its jurisdiction. 
This provision includes people of all races and of both 
sexes, except Indians. It also includes children of Ameri¬ 
cans who at the time of their birth are temporarily with¬ 
out the country, but it does not include children of for¬ 
eign representatives or travelers born when the parents 
are temporarily residing within the United States. Sec¬ 
ond, all persons are citizens who are naturalized within 
the United States. Naturalization is restricted by law 
to persons of the white and black races, and Japanese, 
Chinese and others are excluded. 

Naturalization .—Naturalization is the process by which 
a citizen or subject of a foreign nation is made a citizen 
of the United States. The only privilege of a native-born 
citizen which a naturalized citizen does not possess is 
that the former is qualified to become President or Yice- 
President of the United States. It may be observed that 
citizenship and the right of suffrage are separate and 
distinct rights. The first is granted by the general gov¬ 
ernment, the latter by the States. Citizenship does not 
depend upon age or sex, two conditions which generally 
determine the right to vote. 

Rules of Naturalization.—For the purpose of conferring 
citizenship. Congress is empowered ‘Ho establish an uni¬ 
form rule of naturalization ” (Art. I., Sec. 8, Cl 4). This 
rule is briefly as follows: 

A foreigner, residing within this country, known as an alien^ 
is required : 

1. To declare on oath before a Circuit or District Court of the 

7 


98 


THE FEDERAL GOVERNMENT 


United States, or a Court of Record of a State, two years prior to 
his naturalization, that it is his intention to become a citizen and 
that he renounces allegiance to every foreign state. 

2. He must at the same time swear to support the Constitution 
of the United States. 

3. After a residence of five years within the country and at 
least two years after declaring his intention, the alien may be 
fully admitted to citizenship by presenting to one of the above- 
mentioned courts proof of the declaration of his intention, of his 
residence within the country for five years and within the State 
for one year, and of a good moral character ; and 

4. He must, at such time and place, renounce any title or order 
of nobility which he may possess. 

The Court, if satisfied, then makes an order declaring him to 
be a citizen, and there is issued to the applicant a certificate to 
that effect, which is in every place evidence of his citizenship. 
This rule applies to both males and females, but there are certain 
exceptions in the case of aliens not more than eighteen years of 
age at the time of their arrival in this country, and a further 
exception which extends citizenship to all children who are minors 
at the time of the parent’s naturalization. 

Rights of Citizens.—We have seen the privileges attend¬ 
ing citizenship in our relations with foreign powers. 
There are also domestic privileges. 

The citizen of each State shall be entitled to all the privileges 
and immunities of citizens in the several States. (Art. IV., Sec. 
2, Cl. 1.) 

A person removing from one State lo another is en¬ 
titled in his new home to all the rights—social, civil and 
religious—that he would have possessed had he been born 
there. But as he takes up these new rights, he must re¬ 
linquish those of his old home. To illustrate: In Kansas, 
women can vote. In Kew York they cannot. If a Kew 
y ork woman should remove to Kansas, she would there 




LEGISLATIVE POWERS 


99 


be entitled to the right of suffrage. But if a Kansas woman 
removed to Kew York, she would not be permitted to 
vote in the latter State. This principle applies to all 
relations of life. Ko State can make laws or grant rights 
that extend beyond its borders. Kor can it establish 
rules to prevent people from coming there to live, nor 
impose upon such new-comers restrictions which are not 
equally binding upon its own citizens. Lest, however, 
any question should ever arise, particularly in reference 
to the freedmen, there was inserted in Amendment XIY. 
the provision that: 

No State shall make or enforce any law which shall abridge 
the privileges or immunities of citizens of the United States ; 
. . . (Sec. 1.) 

National Bankruptcy Laws.—Another important power 
of Congress is to establish 

uniform laws on the subject of bankruptcies throughout the 
United States. (Art. I., Sec. 8, Cl. 4.) 

It is a fundamental principle of business that all men 
should pay their just debts. In no other way can trade 
be conducted with profit and security. Yet there come 
times when under strained financial conditions honest 
men throughout the country cannot meet their ^obliga¬ 
tions. Pressure by ordinary legal methods would not be 
able to force collections, but would cause great hardships, 
and oftentimes discouragement, to the debtor, a condition 
injurious both in business and civil relations. It has 
therefore been deemed expedient from time to time to 
relieve debtors under certain conditions by compelling 


100 


THE FEDERAL GOVERNMENT 


creditors to receive all a debtor’s property in full satisfac¬ 
tion of his debts, even though much less in amount, thus 
reestablishing credit and encouraging worthy men in 
their quest for wealth. Such laws existed in Greece and 
Rome ; England has had them for many years ; and 
before the Revolutionary War bankruptcy laws existed at 
various times in several of the colonies. In our own 
national history there have been four acts of this char¬ 
acter—in 1800, 1811, 186T, and the present one, which 
went into effect July 1, 1898. 

A Bankruptcy Law is one which discharges a debtor from lia¬ 
bility for past debts upon the surrender by him of all his property for 
the benefit of his creditors. 

An Insolvent is a person whose property, other than that con¬ 
cealed or transferred to defraud creditors, is not sufficient at a fair valu¬ 
ation to pay his debts. 

A Bankrupt is such a person, when so declared by the courts, after 
surrendering his property to be applied upon his debts. 

Proceedings in Bankruptcy: Bankruptcy is either voluntary or 
involuntary; that is, the insolvent may file a petition with the court 
giving a complete list of his property, a statement of his debts, to whom 
owed, and his inability to pay them and asking to be adjudged a bank¬ 
rupt ; or creditors of an insolvent may file such a petition, in which they 
set forth the financial condition of the insolvent and the performance 
by him of certain so-called “acts of bankruptcy,” such as secreting 
his property with the intent to defraud his creditors, and ask that he 
be adjudged a bankrupt. These petitions must be under oath. After 
an investigation into the facts presented by the petition, the court may 
or may not adjudge the person a bankrupt. If it does, the creditors 
are allowed to prove their claims against him, and usually a trustee of 
his property is appointed, who, under the direction of the court, takes 
charge of the bankrupt’s property, collects and reduces it to money, 
and distributes it in the following manner—to pay: 

X. Taxes due to the United States, Stat^, county, town or city, 

2. Costs of the proceedings. 

3. Wages to workmen. 

4. Debts. 


LEGISLATIVE POWERS 


101 


After such distribution, and within twelve months after he has 
been declared a bankrupt, the court, if satisfied of his honesty and good 
conduct, may order his discharge from bankruptcy, after which he 
may begin again the acquisition of property without fear of its being 
taken to satisfy his former obligations. 

State Bankruptcy Laws.—The power to enact bankruptcy 
laws is not exclusively vested in Congress. From time 
to time States have passed such laws, and it has been held 
by the courts that they are constitutional except when 
the power is actually being exercised by Congress, or the 
State laws conflict with those of the national govern¬ 
ment. 

Military Powers.—One of the experiences common to 
all nations is war. In 178Y we were but recently through 
with the Revolution, and the necessity of war powers in 
the general government was very evident. Under the 
Articles of Confederation, Congress had the right to make 
requisitions of men upon the several States, but no power 
to enforce them. Such a system was inherently weak, 
and might have resulted in disaster had it not been for 
the patriotism of the people. To remedy this defect, and 
to take war powers aAvay from the several States, whose 
hasty action might involve the whole country in conflict. 
Congress was given power: 

To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water; [For definition of 
letters of marque and reprisal^ see page 196.] 

To raise and support armies, but no appropriation of money to 
that use shall be for a longer term than two years; 

To provide and maintain a navy; 

To make rules for the government and regulation of the land 
and naval forces; 


102 


THE FEDERAL GOVERNMENT 


To provide for calling forth, the militia to execute the laws of 
the Union, suppress insurrections and repel invasions; 

To provide for organizing, arming, and disciplining, the militia, 
and for governing such part of them as may be employed in the 
service of the United States, reserving to the States respectively, 
the appointment of the officers, and the authority of training the 
militia according to the discipline prescribed by Congress. (Art. 
I., Sec. 8, Cl. 11, 12, 13, 14, 15, 16.) 

Army.—Incident to the power to declare war, and nec¬ 
essary to give it effect, is the power to raise and support 
armies. This includes the raising of troops by enlistment 
(voluntary enrollment) or by conscription (forced enroll¬ 
ment), the determination of their number and service, 
purchase of supplies and arms, construction of fortifica¬ 
tions, arsenals, barracks and hospitals, instruction of 
officers and men in schools and otherwise, and the per¬ 
formance of any other acts necessary to organize efficient 
armies. But, mindful of the powers which armies 
had assumed in the past and fearful of their repetition, 
there was added the provision that appropriations should 
not be made for a longer term than two years. Money 
is a necessity for an army. Without power of acquiring 
property, it is dependent for its support upon the people, 
and they, under this provision, through their represent¬ 
atives, can control its existence by granting or refusing 
to grant supplies. 

Navy.—The power to provide a navy was necessary on 
account of our extended seacoast and the ambition of the 
people to engage in commerce. This power includes the 
enrollment of seamen, the construction of vessels, the 
establishment of navy yards and docks, the purchase of 
supplies and munitions, the instruction of officers and 


LEGISLATIVE POWERS 


loa 


men in schools or otherwise, and the performance of any 
other acts necessary to make an efficient navy. 

The Military Law.—As the army and navy are created 
by the general government, Congress was given the power 
to make regulations for their government. This has been 
done by the enactment of a code of rules, called the 
‘ ‘ Military Law, ’ ’ which prescribes tactics and arrangement 
of troops, classifies officers and men, regulates the pay of 
the service, defines military and naval offenses, and pro¬ 
vides for the punishment of offenders by the creation of 
tribunals called ‘‘courts-martial” and by the establish¬ 
ment of their jurisdiction and procedure. 

Militia.—There has always been in this country a fear 
of a large standing army—that is, a disciplined body of 
men whose sole occupation is military service—and it 
has been the policy of the Government to maintain only 
a small military force to do police duty among the Indians 
and guard the frontiers. If a greater force was needed, 
it was believed that the best defenders of the country 
were its citizens who have homes and property to protect. 
So the main reliance of the country has been upon its 
militia, which is defined as consisting, with a few excep¬ 
tions, of “ every able-bodied male citizen of the respective 
States who is of the age of eighteen years and under the 
age of forty-five years.” And this body Congress was 
given power to call out—to execute the laws of the United 
States, to suppress insurrections and to repel invasions. 
By virtue of this provision Congress has conferred upon 
the President power to summon the militia, which then 
becomes a part of the military force of the United States 
and subject to the regulations of the Military Law. 


104 


THE FEDEEAL GOVERNMENT 


Organization of Militia.—Such a force, composed of 
men engaged in civil pursuits, would be useless unless 
armed and trained ; so to Congress was given the power, 
which it has exercised in various ways, of preparing the 
people for military duty, particularly by the establish¬ 
ment of uniform tactics and rules for drills and instruc¬ 
tion, which action has been further extended by the 
States. Profiting by the experience of the Revolution, 
in which the militia often refused to obey officers other 
than those from their own States, it was provided that 
the appointment of the regimental officers of the militia 
should be left entirely to the several States. 

Federal Territory.—Congress had not always held its 
meetings at the same place, but had met at various cities. 
This made the Government dependent for support and 
protection upon the State in which it met. These were 
not always afforded, as when on an occasion Congress 
was forced to adjourn its sitting at Philadelphia and con¬ 
tinue it at Princeton (June 21, 1783). To the end that 
the Government might have a permanent seat, the State 
of Maryland granted to it a tract of land on the north¬ 
ern bank of the Potomac, known as the District of 
Columbia, in which is the capital city, where are lo¬ 
cated the Capitol, the official residence of the President, 
knoAvn as the White House,” and the offices of the vari¬ 
ous departments of the Government. Besides this tract 
there are various places throughout the country where 
Congress has purchased lands and erected arsenals, navy 
yards, military posts, forts and other buildings needful for 
the conduct of the government. Over all these places Con¬ 
gress has exclusive jurisdiction. For it was given power: 


LEGISLATIVE POWERS 


105 


To exercise exclusive legislation in all cases whatsoever, over 
such district (not exceeding ten miles square) as may, by cession 
of particular States, and the acceptance of Congress, become the 
seat of the government of the United States, and to exercise like 
authority over all places purchased by the consent of the legis¬ 
lature of the State in which the same shall be, for the erection of 
forts, magazines, arsenals, dock-yards, and other needful build¬ 
ings. (Art. I., Sec. 8, Cl. 17.) 

This jurisdiction must be recognized by the State in its 
cession, otherwise it does not exist. The inhabitants of 
such places cease to be citizens of the State, but retain 
their United States citizenship. 

General Powers.—The foregoing are, in the main, the 
specific powers granted to Congress. Other grants will 
be found in other sections of the Constitution, and they 
will be considered in their proper places. These powers 
contain in themselves the right to employ all means nec¬ 
essary to their execution. It has been said: 

However government is constituted, infinitely the greater part 
of it must depend on the exercise of powers which are left at 
large to the prudence and uprightness of ministers of state. 

It was not practicable to enumerate all the means which 
Congress might employ in the exercise of its powers. 
But to satisfy any doubt, it was provided that Congress 
should have power: 

To make all laws which shall he necessary and proper for 
carrying into execution the foregoing powers, and all other 
powers vested by this Constitution in the government of the 
United States, or in any department or officer thereof. (Art. I., 
Sec. 8, Cl. 18.) 

Implied Powers.—About these powers have been waged 
many fierce political conflicts ; and upon the laws enacted 


106 


THE FEDERAL GOVERNMENT 


under them have arisen some of the most noted legal 
questions of our history. The courts have decided in 
favor of the existence of broad powers in Congress, and 
some of the most radical legislation of the country has 
been enacted and sustained under such decisions. Thus, 
under the provision granting the power to borrow money, 
it has been held that Congress could establish national 
banks, a large part of whose capital must be invested in 
national securities, by which a demand for them is cre¬ 
ated and governmental borrowing is made easier. So, 
also, to carry out the various enumerated powers, the 
courts have declared that Congress could enact laws incor¬ 
porating railroads, purchasing foreign territory, making 
United States notes legal tender, establishing a protective 
tariff and performing many other acts broader and more 
imnortant than those authorized by express provision. 


POWERS OF CONGRESS. 


civil. 


Raise 


revenue 


Taxation 


Direct 


Capitation. 

Land. 

Personal property. 
Duties on < Specific. 


Indirect < imports ( Ad valorem. 
( Excises. 


Ad 


Borrow money. 


Foreign 


Make shipping regulations. 
Improve harbors. 


Regulate 

commerce 


Domestic 


and 

Domestic 


Build lighthouses. 

Install life-saving stations. 
License pilots. 

Establish quarantines, etc. 
Between States. 

With Indians. 






LEGISLATIVE POWERS 


107 


Maintain 

business 

stability 


Regulate 

postal 

service 

Encourage 
science and 
useful arts 


Define 

crimes 


Regulate 

citizenship 

Govern 

territory 

(obtained from 
States) 


( Minting. 

Coinage •< Regulation of S Foreign. 

( coin values ( Domestic. 

Weights and measures. 

Bankruptcy laws. 

Carriage of mails. 

Postage. 

Post-offices. 

Post-roads. 

Postage. 

Caveat. 

Letters patent. 


Foreign | 


Domestic 


3 Patents -j 

( Copyrights. 

Exterri¬ 
torial 

Territorial—Counterfeiting 


Piracy. 

Felonies on the high seas. 

Crimes against the law of nations. 
Money. 

Securities. 


By defining citizenship. 

By naturalization. 

For seat of government (less than 10 miles 
square). 

For forts, magazines, arsenals, dock-yards and 
other buildings. 


Military. 

Declare war. 

Grant letters of marque and reprisal. 


Make rules as to captures 

Raise and support armies 
Build and maintain a navy 

Organize and call 

out militia 


On land. 

At sea. 

And make rules for governing. 

Execute federal laws. 

Suppress insurrections. 

Repel invasions. 


5. LEQISLATIVB PROHIBITIONS. 

Divisions.—Besides the granting of powers, certain 
legislative prohibitions were imposed by the Constitution. 





108 


THE FEDERAL GOVERNMENT 


These prohibitions, with the exception of those contained 
in the Amendments, are found in the ninth and tenth 
sections of Article I. They may be divided into three 
classes : (1) Those relating to the federal government 
only. (2) Those which apply to both federal and state 
governments. (3) Those relating to the States only. 

Some of these have been already considered, as Sec¬ 
tion 9, Clauses 4, 5 and 6, and Section 10, Clause 2. (See 
pages 82, 87 and 88.) 

(1) The Pkohibitions upon the Federal Government. 

Slavery. —The migration or importation of such persons as any 
of the States now existing shall think proper to admit, shall not 
be prohibited by the Congress prior to the year one thousand eight 
hundred and eight, but a tax or duty may be imposed on such 
importation, not exceeding ten dollars for each person. (Art. I., 
Sec. 9, Cl. 1.) 

This provision was the result of a compromise in the 
Constitutional Convention between the delegates of those 
States favoring slavery and those in which the system 
was already prohibited or was fast dying out. Its im¬ 
portance passed away with the extinction of slavery by 
the Civil War. 

Habeas Corpus. —The privileges of the writ of habeas corpus 
shall not be suspended, unless when in cases of rebellion or inva¬ 
sion the public safety may require it. (Art. I., Sec. 9, Cl. 2.) 

This right, as we have seen (page 22), was established 
early in the growth of English institutions. The power 
to suspend it had, in the past, been much abused by tyran¬ 
nical rulers, and it was to avoid such misuse by this Gov¬ 
ernment that the provision was enacted, which did not 


LEGISLATIVE PROHIBITIONS 


109 


entirely destroy the power of suspension, but limited it 
to times of extreme necessity. 

Direct Taxes.— No capitation, or other direct, tax shall be laid, 
unless in proportion to the census or enumeration hereinbefore 
directed to be taken. (Art. I., Sec. 9, Cl. 4. See page 82.) 

Appropriations. — No money shall be drawn, from the Treasury 
but in consequence of appropriations made by law; and a regular 
statement and account of the receipts and expenditures of all 
public money shall be pul^lished from time to time. (Art. I., 
Sec. 9, Cl. 7.) 

An a'ppropriation is an act providing for the expendi¬ 
ture of a certain sum of money to be drawn from the 
treasury, and stating the purpose for which it shall be 
expended. It has been seen that Congress possesses the 
power of taxation. It follows that this branch of the 
government should disburse the funds so raised, for Con¬ 
gress directly represents the taxpayers. This prohibition 
is particularly a restriction upon the Executive Branch. 

Preferred Ports. —No preference shall be given, by any regula¬ 
tion of commerce or revenue to the ports of one State over those 
of another; nor shall vessels bound to, or from, one State, be 
obliged to enter, clear, or pay duties in another. (Art. I., Sec. 9, 
Cl. 6. See page 88.) 

(2) The Prohibitions applicable to both the United 
States and States. 

Bills of Attainder and Ex Post Facto Laws. —No bill of at¬ 
tainder or ex post facto law shall be passed. (Art. I., Sec. 9, Cl. 3.) 

No State shall . . . pass any bill of attainder, ex post facto 

law, . . . (Art. I., Sec. 10, Cl. 1.) 

A hill of attainder is a legislative act which imposes a 


110 


THE FEDERAL GOVERNMENT 


punishment without a judicial trial. If the punishment 
be less than death, the act is termed a l)ill of jpains and 
'penalties. Within the meaning of the Constitution, bills 
of attainder include bills of pains and penalties. 

Formerly bills of attainder were extensively used to 
overawe the people and keep them in subjection. The 
struggles incident to the rise of English liberties were 
marked by many examples of their arbitrary use, par¬ 
ticularly the ‘‘Great Act of Attainder” of 1688, which 
comprised a list of over two thousand persons. The chief 
severity of the punishment in such cases was that the con¬ 
demned person was rendered incapable of inheriting prop¬ 
erty from an ancestor or of transmitting it to his children. 

Bills of attainder are unjust in the highest degree, in 
that they deprive men of life, liberty or property without 
a trial, and often without proof of guilt or the opportu¬ 
nity of defense. In an early case a justice of the Supreme 
Court said: 

It [this prohibition] very probably arose from the knowledge 
that the Parliament of Great Britain claimed and exercised the 
power to pass such laws, . . . The ground for the exercise 

of such legislative power was this, that the safety of the kingdom 
depended on the death, or other punishment, of the offender. 
With few exceptions, the advocates of such laws were stimulated 
by ambition or personal resentment and malice. To prevent such 
and similar acts of violence and injustice, I believe the federal 
and state legislatures were prohibited from passing any bill of 
attainder. 

An ex post facto law is a criminal law. It is defined 
by the Supreme Court of the United States as: 

Every law that makes an action done before the passage of the 
law, and which was innocent when done, criminal and punishes 
such action; 


LEGISLATIVE PROHIBITIONS 


111 


Every law that aggravates a crime, or makes it greater than 
it was when committed; 

Every law that changes the punishment and inflicts a greater 
punishment than the law annexed to the crime when committed; 

Every law that alters the legal rules of evidence and receives 
less or different testimony than the law required at the time of 
the commission of the offense, in order to convict the offender. 

Such laws are manifestly unjust and oppressive. For 
with the possibility of their enactment no man is secure 
in his life, his liberty or his property. The most inno¬ 
cent act of to-day may by the law of to-morrow be de-, 
dared a grave offense and be visited with extreme pun¬ 
ishment. Chief Justice Marshall has said: 

The legislature is prohibited from passing a law by which a 
man’s estate or any part of it shall be seized for a crime which was 
not declared by some provision of law, to render him liable to 
that punishment. 

Titles of Nobility. —No title of nobility shall be granted by the 
United States; and no person holding any office of profit or trust 
under them, shall, without the consent of the Congress, accept of 
any present, emolument, office, or title, of any kind whatever, 
from any king, prince, or foreign State. (Art. I., Sec. 9, Cl. 8.) 

No State shdl . . . grant any title of nobility. (Art. I., 
Sec. 10, Cl. 1.) 

ISTobility is an adjunct of royalty, and titles create class 
distinction, which is contrary to the provision of the Dec¬ 
laration of Independence, which declares that ‘^all men 
are created free and equal,” and is antagonistic to the 
institutions of a republic, which depends for its life upon 
the absolute equality of all the people. 

In the same spirit is that part of the prohibition rela¬ 
tive to officers of the government. The duty to the Gov¬ 
ernment should be paramount to all others. Oftentimes 


112 


THE FEDERAL GOVERNMENT 


the prosperity, if not the very existence, of the nation 
depends upon the loyalty of its representatives and 
officers. To guarantee fidelity to this trust, the provision 
was made so as to prevent them from being bribed and 
their official acts influenced by foreign states. From 
time to time various nations and rulers have made pres¬ 
ents to our presidents and other officials, but these have 
been surrendered to the Government, and are preserved 
in the I^ational Museum at Washington. 

(3) The Prohibitions upon the States. 

Miscellaneous— No State shall enter into any treaty, alliance, 
or confederation ; grant letters of marque and reprisal ; coin 
modey ; emit bills of credit ; make anything but gold and silver 
coin a tender in payment of debts ; pass any . . . law im¬ 
pairing the obligation of contracts, . . . (Art. I., Sec. 10, 

CL 1.) 

For the purpose of establishing uniformity in our for¬ 
eign relations, the several States surrendered to the gen¬ 
eral government all their sovereign rights and powers in 
external affairs. If the States were permitted to make 
treaties and alliances, it would result in danger to the 
Union, since they might enter into agreements which 
would be antagonistic to the interests not only of other 
States, but of the nation at large. Or, if a State were 
allowed to issue letters of marque and reprisal, it might 
involve all others in war. The prohibition against State 
coinage rests on much the same principle, for to permit 
it would destroy the very uniformity in our currency 
which we have seen to be necessary to its usefulness. 

Bills of Credit .—Bills of credit are paper issued by a 
government, in which it promises to pay at some future 


LEGISLATIVE PROHIBITIONS 


113 


time certain sums of money to the persons holding it. 
During the Revolutionary War they were issued in vast 
quantity and circulated as money among the people. 
Not being paid when due, they rapidly depreciated in 
value, till they became practically worthless. As a result 
great financial losses followed, and public and private 
credit was destroyed. This prohibition was inserted to 
avoid a recurrence of such evils. Bills of credit must not 
be confounded with state honds^ which are contracts on 
the part of the State to pay for services rendered to it 
or for money borrowed for present use. They are,” 
says Chief Justice Marshall, paper intended to circulate 
through the community, for its ordinar}^ purposes, as 
money.” The provision relating to tender inpayment 
of debts was for the purpose of further avoiding the dan¬ 
gers of a debased currency. 

Contract Obligations.—The provision restraining a State 
from passing any law impairing the obligations of con¬ 
tracts is of inestimable value, for it enters into every rela¬ 
tion of life. The home, business, society are all affected 
by contract relations, for a contract is an agreement be¬ 
tween two or more persons for a consideration to do or 
not to do some particular thing. It is therefore necessary 
to the security of human relations that an agreement once 
made should be undisturbed. Otherwise there would be 
no safety in trade or the affairs of life. Prior to the Con¬ 
stitution it was no uncommon occurrence for laws to be 
enacted without regard to their effect upon existing con¬ 
tracts. The insecurity thus occasioned was the cause of 
this provision, which extends not only to contracts be¬ 
tween individuals, but also to those between the individ- 
8 


114 


THE FEDERAL GOVERNMENT 


ual and tlie state. The extent of the prohibition was 
earlj decided by the Supreme Court in the celebrated 
Dartmouth College Case, which arose over an attempt 
by the legislature to alter the charter of the college. In 
a later case the same court said: 

It has been decided that a contract entered into between a 
state and an individual is as fully protected by the tenth section 
of the first article of the Constitution as a contract between in¬ 
dividuals. 

Commercial Regulations.— No State shall, without the con¬ 
sent of the Congress, lay any imposts or duties on imports or 
exports, except what may be absolutely necessary for executing 
its inspection laws; and the net produce of all duties and imposts, 
laid by any State on imports or exports, shall be for the use of 
the Treasury of the United States ; and all such laws shall be 
subject to the revision and control of the Congress. (Art. I., 
Sec. 10, Cl. 2.) 

No State shall, without the consent of Congress, lay any 
duty of tonnage,* keep troops, or ships of war in time of peace, 
enter into any agreement or compact with another State, or with 
a foreign power, or engage in war, unless actually invaded, or in 
such imminent danger as will not admit of delay. (Art. I., Sec. 
10, Cl. 3.) 

The exercise of any of the powers prohibited by these 
clauses would so evidently conflict with those granted to 
Congress, or would be so liable to cause unjust discrimi¬ 
nations by the States, resulting in endless confusion, if 
not serious complications, that no discussion seems neces¬ 
sary. A recital of the subjects is sufficient to show that 
they should be prohibited to states which are members 
of a union. 

* Tonnage duty is a charge upon ships based upon their capacity. 


PECULIAR POWERS OE SENATE AND HOUSE 115 


PROHIBITIONS. 

Upon Federal Government. 

To prohibit the Slave Trade before 1808. 

To suspend the writ of Habeas Corpus \ Rebellion. 

except in case of (Invasion. 

■ To lay Direct Taxes except in proportion to census. 

To levy export duties. 

To Draw Money from treasury except as appropriated by law. 
To make Preferred Ports. 

Upon Federal and State Governments. 

f ^ i Bills of Attainder. 

) o pass I Facto Laws. 

I To grant Titles of Nobility. 


Upon State Governments. 


Without 

exception 


Except by 
consent of 
Congress 


r Treaty. 

To enter into ■< Alliance. 

( Confederation. 

To grant letters of marque and reprisal. 

To coin money. 

To emit bills of credit. 

To make anything legal tender except gold and 
silver coin. 

To pass laws impairing contract obligations. 

To lay imposts and duties on 


Imports. 

Exports. 


To lay duty on tonnage. 

To keep in time of peace 

To enter into an 

agreement with 

To engage in war unless 


Troops. 

Ships of war. 
Another State. 
Foreign nation, 
actually invaded, 
in imminent danger. 


6, PECULIAR POWERS OF SENATE AND HOUSE. 

The Powers and Prohibitions which we have consid¬ 
ered apply to both houses of Congress. There are, how- 




116 


THE FEDERAL GOVERNMENT 


ever, some rights and powers peculiar to each, such as 
the control of its own organization and members (Art. I., 
Sec. 5, Cl. 1 and 2), and certain others relating to the 
conduct of the government. 

House of Hepresentatives. 

Financial Bills.—The most important right possessed by 
the House alone is that: 

All bills for raising revenue shall originate in the House of Representa¬ 
tives; but the Senate may propose or concur with amendments as on 
other bills. (Art. I., Sec. 7, Cl. 1.) 

The spirit of this provision came from the English con¬ 
stitution. The growth of political power in the Com¬ 
mons had resulted from questions relating to taxation. 
The people, who paid, demanded the right to levy taxes. 
In 1407 the sole authority to originate money bills became 
fixed in the House of Commons. A question having 
arisen between the two houses, Henry lY. ordained that 
the Commons should grant,” and the Lords “concur 
in,” appropriations of money, which should be reported 
to the king “by the mouth of the Speaker of the Com¬ 
mons.” Attempts were made by the Lords to encroach 
upon this power, which the Commons successfully re¬ 
sisted, even asserting that the Lords could not amend, 
but had only the right to consent to or reject the legisla¬ 
tion. This limitation was in force in England at the time 
of the Constitutional Convention. Doubtless the suc¬ 
cess of the practice influenced the Convention in placing 
a similar provision in the Constitution, but the reasons 
for it are less apparent than in the English system. The 


THE PRESIDENT AND LEGISLATION 


117 


two houses of Congress do not represent different classes. 
Still, the constant renewal of the House by popular 
elections gives the people a nearer approach to legislation 
through that body than through the Senate, and they are 
able in a measure to control the demands made upon 
their resources. Legislative custom has further extended 
this exclusive right to the initiation of bills for general 
expenditures. 

Impeachment.—The House of Kepresentatives . . . 
shall have the sole power of impeachment ” (Art. I., Sec. 
2, Cl. 5). This, with the power of the Senate to try all 
cases of impeachment (Art. I., Sec. 3, Cl. 6), will be con¬ 
sidered under the Judicial Branch of the government. 
(See page 156.) 

Senate. 

Executive Powers.—The peculiar powers of the Senate, 
which consist in the exercise of certain executive func¬ 
tions, as confirmations of treaties and appointments, will 
be treated in connection with the Executive Branch. 
(See pages 129 and 131.) 

7. THE PRESIDENT AND LEGISLATION. 

Relation to Congress.—^Before concluding the consid¬ 
eration of the Legislative Branch of the government, it 
remains to note the relation of the President to the law¬ 
making power. He is not a member of either house. 
Only in the case of a disagreement between them as to 
the time to which to adjourn can he interfere with their 
conduct (Art. II., Sec. 3). His character as a legislator 
resembles that of a third house. It has been said: 


118 


THE FEDERAL GOVERNMENT 


The President represents the people at large—the Nation; 
the Senate, the people in separate commonwealths—the States; 
the House of Representatives, the same people in small com¬ 
munities—Congressional Districts. 

Veto Power.—Still, in his legislative capacity he cannot 
originate legislation. His power lies in his authority to 
check congressional action. 

Every bill which shall have passed the House of Representa¬ 
tives and the Senate, shall, before it become a law, be presented 
to the President of the United States ; if he approve he shall 
sign it, but if not he shall return it, with his objections to that 
house in which it shall have originated, who shall enter the 
objections at large on their journal, and proceed to reconsider 
it. If after such reconsideration two thirds of that house shall 
agree to pass the bill, it shall be sent, together with the objections, 
to the other house, by which it shall likewise be reconsidered, 
and if approved by two thirds of that house, it shall become a 
law. But in all such cases the votes of both houses shall be de¬ 
termined by yeas and nays, and the names of the persons voting 
for and against the bills shall be entered on the journal of each 
house respectively. If any bill shall not be returned by the 
President within ten days (Sundays excepted) after it shall have 
been presented to him, the same shall be a law, in like manner 
as if he had signed it, unless the Congress by their adjournment 
prevent its return, in which case it shall not be a law. 

Every order, resolution, or vote to which the concurrence of the 
Senate and House of Representatives may be necessary (except on 
a question of adjournment) shall be presented to the President of 
the United States; and before the same shall take effect, shall be 
approved by him, or being disapproved by him, shall be repassed 
by two thirds of the Senate and House of Representatives, accord¬ 
ing to the rules and limitations prescribed in the case of a bill 
(Art. I., Sec. 7, Cl. 2 and 3.) 

This power of the President is called the veto power,” 
and his neglect to sign a bill remaining in his hands after 


THE PRESIDENT AND LEGISLATION 


119 


the adjournment of Congress is called a ‘‘pocket veto.” 
The veto power is somewhat monarchical in its character, 
and was derived from England, though an early and 
democratic form was exercised by the Roman tribunes. 
It is worthy of note that no English ruler has employed 
the veto since 1Y07, while it has been constantly exercised 
by the President, and has, in this country, prevented 
much harmful legislation. It is, however, not an abso¬ 
lute power, for it may be overridden by a sufficient 
majority in Congress, in which case the bill is said to be 
passed “over the President’s veto” ; but so great is the 
influence of the Executive that such action is rarely 
attempted and seldom successful. 


CHAPTEE III. 


THE EXECUTIVE BRANCH. 

L THE PRESIDENT AND VICE-PRESIDENT. 

Separate Executive.—The Convention of 1787 adopted 
at the very outset the principle that the executive branch 
of the government should be separate and distinct from 
the legislative and judicial branches. 

Executive under the Confederation.—A large part of the 
weakness of the Confederacy had been attributed to the 
cumbersome method of vesting all governmental powers 
in one representative body. But this was only a partial 
cause, for the executive powers granted by the Articles 
were so limited that they would not have been efficient 
even if exercised by a distinct department. The separa¬ 
tion of the legislative and executive branches is not abso¬ 
lutely essential to a strong and stable government. The 
laws of Great Britain are to-day administered by a min¬ 
istry which is, in fact, a committee chosen from the party 
having a majority in the House of Commons. 

Reason for a Separate Executive.—In 1787 English 
writers and statesmen 'believed that the government of 
England possessed distinct branches, while in her Ameri¬ 
can colonies such distinction had been actual. The dele¬ 
gates, therefore, familiar with this principle and believing 


THE PRESIDENT AND VICE-PRESIDENT 121 


that the unity of powers under the Confederation had 
been a failure, deemed this separation necessary, and 
adopted it as the basis upon which to erect the new gov¬ 
ernment. 

Difficulty of Organizing Branch.—There was no subject 
more carefully discussed or in regard to which there was 
more diversity of opinion than the organization of the 
executive department. There was ample material in the 
governmental experience of the Confederacy for the con¬ 
struction of the legislative branch, but the executive 
powers to be granted presented a subject which caused 
much speculation, debate and the gravest anxiety. 

Number of Executive.—The first step was to decide the 
number of persons who should constitute the executive. 
Arguments were advanced in favor of three persons with 
equal powers, and also in favor of a single executive. To 
the former proposition it was objected that any division 
of responsibility would induce corruption, that disagree¬ 
ments would delay and weaken executive action and that 
it was needless for this branch of government to be delib¬ 
erative in character, as its sole duty was to enforce the 
laws. These objections, and the experience of most of 
the delegates in their state governments, prevailed, and 
it was decided that the executive power shall be vested 
in a President of the United States of America” (Art. 
II., Sec. 1, Cl. 1). 

Election of President.—The manner of his selection was 
then considered. Upon this there prevailed the widest 
difference of opinion, and it was not finally decided until 
the last two weeks of the sessions. The Virginia Plan ” 
provided that the executive should be appointed by the 


122 


THE FEDERAL GOVERNMENT 


national legislature. Three other modes were proposed 
—(1) by electors chosen by the people ; (2) by the state 
executives ; and (3) by the people directly. The first of 
these propositions was, after much discussion, adopted, 
and it was provided that: 

Each State shall appoint, in such manner as the legislature 
thereof may direct, a number of electors, equal to the whole 
number of Senators and Representatives to which the State may 
be entitled in the Congress ; but no Senator or Representative, or 
person holding an office of trust or profit under the United States, 
shall be appointed an elector. 

The electors shall meet in their respective States, and vote by 
ballot for two persons, of whom one at least shall not be an 
inhabitant of the same State with themselves. And they shall 
make a list of all the persons voted for, and of the number of 
votes for each; which list they shall sign and certify, and transmit 
sealed to the seat of government of the United States, directed to 
the President of the Senate. The President of the Senate shall, in 
the presence of the Senate and House of Representatives, open all 
the certificates, and the votes shall then be counted. The person 
having the greatest number of votes shall be the President, if 
such number be a majority of the whole number of electors ap¬ 
pointed ; and if there be more than one who have such majority, 
and have an equal number of votes, then the House of Represent¬ 
atives shall immediately choose by ballot one of them for Presi¬ 
dent ; and if no person have a majority, then from the five 
highest on the list the said House shall in like manner choose 
the President. But in choosing the President, the votes shall be 
taken by States, the representation from each State having one 
vote ; a quorum for this purpose shall consist of a member or 
members from two thirds of the States, and a majority of all 
the States shall be necessary to a choice. In every case, after the 
choice of the President, the person having the greatest number of 
votes of the electors shall be the Vice President. But if there 
should remain two or more who have equal votes, the Senate 
shall choose from them by ballot the Vice President. (Art. II., 
Sec. 1, Cl. 2 and 3.) 


THE PRESIDENT AND VICE-PRESIDENT 123 


In 1804 the third clause was amended as follows: 

The electors shall meet in their respective States, and vote by 
ballot for President and Vice-President, one of whom, at least, 
shall not be an inhabitant of the same State with themselves; 
they shall name in their ballots the person voted for as President, 
and in distinct ballots the person voted for as Vice-President, and 
they shall make distinct lists of all persons voted for as President, 
and of all persons voted for as Vice-President, and of the number 
of votes for each, which lists they shall sign and certify, and 
transmit sealed to the seat of the government of the United States, 
directed to the President of the Senate. The President of the 
Senate shall, in the presence of the Senate and House of Repre¬ 
sentatives, open all tliQ certificates and the votes shall then be 
counted. The person having the greatest number of votes for 
President, shall be the President, if such number be a majority of 
the whole number of electors appointed ; and if no person have 
such majority, then from the persons having the highest numbers 
not exceeding three on the list of those voted for as President, the 
House of Representatives shall choose immediately, by ballot, the 
President. But in choosing the President, the vote shall be taken 
by States, the representation from each State having one vote ; a 
quorum for this purpose shall consist of a member or members 
from two thirds of the States, and a majority of all the States 
shall be necessary to a choice. And if the House of Representa¬ 
tives shall not choose a President whenever the right of choice 
shall devolve upon them, before the fourth day of March next fol¬ 
lowing, then the Vice-President shall act as President, as in the 
case of the death or other constitutional disability of the President. 

The person having the greatest number of votes as Vice-Presi¬ 
dent, shall be the Vice-President, if such number be a majority of 
the whole number of electors appointed, and if no person have a 
majority, then from the two highest numbers on the list, the 
Senate 4Jiall choose the Vice-President ; a quorum for the purpose 
shall consist of two-thirds of the whole number of Senators, and 
a majority of the whole number shall be necessary to a choice. 

But no person constitutionally ineligible to the office of Presi¬ 
dent shall be eligible to that of Vice-President of the United 
States. (Amendment XII.) 


124 


THE FEDERAL GOVERNMENT 


Electoral College.—The electors thus chosen in the sev¬ 
eral States form the ‘‘Electoral College.” It was the 
belief of the framers of the Constitution that the electors 
in each State would form a deliberative body which 
would discuss the merits of different statesmen and cast 
their votes for the one best fitted for the presidency ; but 
with the first election in Avhich party lines were strictly 
drawn (1796), the electors cast their ballots for the persons 
who were the recognized candidates of political parties ; 
and since that time, with but a few unimportant excep¬ 
tions, the electors have voted for their party’s candidate. 
It is the usual custom that a State’s electors are voted for 
on a general ticket by all the qualified voters of the State. 
Each State, however, may prescribe its method of select¬ 
ing electors. In the election of 1892 in Michigan, two 
electors were chosen on a general ticket by the State at 
large, and one by tlie people of each congressional 
district. 

Time of Election and Meeting.—The Constitution pro¬ 
vides that: 

The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes; which day shah 
be the same throughout the United States. (Art. II., Sec. 1, Cl. 4.) 

The election of electors occurs on the first Tuesday 
next after the first Monday in November of each year 
divisible by four. The meetings of the electors in their 
respective States take place at the state capitals on the 
second Monday in January following their election. 
After the votes have been cast, the electors prepare tripli¬ 
cate certificates of the result, signed by all of them ; one 



THE PRESIDENT AND VICE-PRESIDENT 125 


of these is mailed, and another sent by special messen¬ 
ger, to the President of the Senate ; the third is deposited 
with the District Judge of the federal district where the 
meeting is held. 

Counting the Ballots„—-The counting of the electoral 
votes, which occurs on the second Wednesday in Feb¬ 
ruary, has been done under joint resolution of the two 
houses of Congress, but the Constitution does not provide 
how it shall be done or who shall determine between the 
certificates received from two contesting sets of electors 
in the same State ; this was fixed by statute in 1887. 

President’s Term of Office.—In determining the Presi¬ 
dent’s term of office the Convention was infiuenced chiefly 
by the method of his selection. The original proposition 
was for a term of seven years, as it was deemed that a 
long term would make him more independent of the legis¬ 
lative branch ; but when the choice of the executive was 
given to a representative body entirely distinct from the 
national legislature, the reason for a long term disap¬ 
peared, and it was provided that he shall hold his office 
during the term of four years,” . . . (Art. III., Sec. 

1, Cl. 1). Through custom, however, it has become a 
settled rule that no person shall fill the office of President 
for more than two successive terms, a rule established by 
the action of Presidents Washington and Jefferson, who 
both declined to become candidates for reelection after 
serving for two terms. 

Time of Inauguration.—By a resolve of the Congress of 
the Confederacy, the President chosen under the Consti¬ 
tution was to be inaugurated on the first Wednesday in 
March, 1789. This happened to be the fourth day of the 


126 


THE FEDEEAL GOVERNMENT 


month, so that the terms of succeeding Presidents have 
all commenced on that date, except when it is Sunday, 
and then on the succeeding day. 

Ceremony of Inauguration.—The ceremony of inaugura¬ 
tion takes place at "Washington. An hour or so before 
noon the President-elect is conducted by the committee 
having the matter in charge to the Executive Mansion, 
where he joins the outgoing President, and seated at his 
left they are driven to the Capitol. In the presence of 
the assembled people the oath provided for in the Consti¬ 
tution (Art. II., Sec. 1, Cl. 8) is administered upon an 
open bible by the Chief Justice of the United States. 
The President then delivers an address, after which, 
accompanied by the former President seated at his left, 
he returns to the Executive Mansion and reviews the mili¬ 
tary and civic organizations which form the inaugural 
procession. 

Qualifications.—The provisions of the Constitution re¬ 
lating to the qualifications for President are that: 

No person except a natural born citizen, or’a citizen of the United 
States, at the time of the adoption of this Constitution, shall be 
eligible to the office of President; neither shall any person be eli¬ 
gible to that office who shall not have attained to the age of thirty- 
five years, and been fourteen years a resident within the United 
States. (Art. II., Sec. 1, Cl. 5.) 

The provision relative to a person who was a citizen of 
the United States at the time of the adoption of the Con¬ 
stitution was only applicable for a short period after 
1787. The further provision that he must have resided 
fourteen years within the United States should probably 
be read in connection with the last, but may apply to the 


THE PRESIDENT AND VICE-PRESIDENT 127 


whole clause. The question has never yet arisen. The 
qualification that the President should be a landowner 
was discussed by the Convention, but was rejected as 
limiting the choice of the electors to a class, and thus 
being contrary to republican institutions. 

Compensation.—A subject constantly before the Con¬ 
vention, when considering the mode of electing the Presi¬ 
dent, was the evil of making the latter in any way de¬ 
pendent upon the legislative branch. In order, therefore, 
to make the President independent of Congress for his 
support, the Constitution provides that: 

The President shall, at stated times, receive for his services, a com¬ 
pensation, which shall neither be increased nor diminished during 
the period for which he may have been elected, and he shall not 
receive within that period any other emolument from the United 
States, or any of them. (Art. II., Sec. 1., Cl. 7.) 

The Government, however, pays the larger part of the 
President’s official expenses. The act of 1793 fixed the 
annual salary of the President at $25,000, which was in¬ 
creased in 1873 to $50,000 and in 1909 to $75,000. 

The Vice-President.—Since the President was to be 
elected for a fixed term, it was provided that: 

In case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the powers and duties of 
the said office, the same shall devolve on the Vice President [chosen 
for the same term (Art. II., Sec. 1., Cl. 1) ], and the Congress may 
by law provide for the case of removal, death, resignation or in¬ 
ability, both of the President and Vice President, declaring what 
officer shall then act as President, and such officer shall act ac¬ 
cordingly, until the disability be removed, or a President shall be 
elected. (Art. II., Sec. 1, Cl. 6.) 


128 


THE FEDERAL GOVERNMENT 


Election of Vice-President.—The provision for the elec¬ 
tion of the Vice-President (which is made in Article II., 
Section 1, Clause 3, and changed by Amendment XII.) 
differed from the provision for the election of the 
President in the original clause in not requiring a major¬ 
ity of the electoral votes, but only that the ’ person hav¬ 
ing the next highest number to the President should be 
Vice-President. On the adoption of Amendment XII., 
which provided that the electors should designate their 
choice for President and Vice-President separately, the 
requirement of a majority was applied to both offices. 
Another difference is that in case there is no choice of a 
President by the electors or the “ House,” “ the Vice- 
President shall act as President, as in the case of the 
death or other constitutional disability of the President.” 

Succession to the Presidency.—By force of an act of Con¬ 
gress, which came into effect January 19, 1886, in case 
of the death, resignation or inability of both the Presi¬ 
dent and Vice-President, the Secretary of State (if he is 
qualified to be elected President), and after him the 
Secretary of the Treasury, Secretary of War, Attorney- 
General, Postmaster-General, Secretary of the Xavy 
and Secretary of the Interior, in this order, will hold 
the office of President until the disability ceases or an¬ 
other President is chosen. Before 1886 the President pro 
tempore of the Senate and the Speaker of the “ House ” 
would, in turn, have succeeded to the Presidency in such 
an emergency. The death of Vice-President Hendricks 
in November, 1885, called attention to the fact that, in 
case of the death of the President, a political opponent 
might, under the former act, succeed him. To avoid 


EXECUTIVE POWERS 129 

such a possibility the act establishing the succession was 
changed. 


2, EXECUTIVE POWERS. 

Military Power.—The Constitution provides that: 

The President shall be Commander in Chief of the Army and 
Navy of the United States, and of the militia of the several States, 
when called into the actual service of the United States ; . . . 

(Art. II., Sec. 2. Cl. 1.) 

Although no President has ever taken the field in this 
capacity, he is responsible for the conduct of military 
operations and possesses the implied war powers of open¬ 
ing hostilities and instituting a blockade. (See page 197.) 

Classification of Civil Powers.—The civil powers of the 
President may be divided into five classes: 1. The Veto 
Power. 2. The Appointing Power. 3. The Pardoning 
Power. 4. The Power to conduct the relations with for¬ 
eign countries. 5. The Power to administer the internal 
affairs of the nation. 

1. Veto Power.—The Yeto Power has been discussed 
in considering the legislative branch. (See page 118.) 

2 . Appointing Power.—The Appointing Power is that 
by which the President 

shall nominate, and by and with the advice and consent of 
the Senate, shall appoint ambassadors, other public ministers and 
consuls, judges of the Supreme Court, and all other officers of the 
United States, whose appointments are not herein otherwise pro¬ 
vided for, and which shall be established by law; but the Congress 
may by law vest the appointment of such inferior officers, as they 
think proper, in the President alone, in the courts of law, or in the 
heads of departments. (Art. II., Sec. 2, Cl. 2.) 

9 


130 


THE FEDERAL GOVERNMENT 


Civil Service Act. —Appointments of this latter class 
have been limited by an act of Congress, known as the 
‘‘Civil Service Act,” which establishes a Commission 
which classifies appointive positions and examines appli¬ 
cants for appointment to the Civil Service, under which 
term is included “the executive branch of the public 
service as distinguished from the military, naval, legis¬ 
lative and judicial.” The names of those who pass the 
examination, which is educational in character, are placed 
upon a list in the proper class, and an appointment to 
any classified office must be made from the list of that 
class. In the “Classified Civil Service,” however, are 
included no officers whose appointments are subject to 
the approval of the Senate, or who, holding positions of 
responsibility, could affect the policy of the Government. 


Spoils System.— The limitation of the appointing power by the 
Civil Service Act was the outcome of a popular movement against 
what is known as the “Spoils System.” Since the time of Presi¬ 
dent Jackson it had been customary to create vacancies in the civil 
service by removal for the sole purpose of filling them with mem¬ 
bers of the political party in control, on the principle that ‘ ‘ to the 
victors belong the spoils. ” Activity in the party rather than per¬ 
sonal fitness thus regulated appointments. The chief evil of this 
system was not so much the weakening of the government service 
through the periodical appointment of inexperienced and ineffi¬ 
cient officials as it was its corrupting influence on political parties. 
“ Spoils ” became the object of success in elections, and large sums 
were contributed by those in office to their party organizations to 
retain their positions, while the chief aim of their political oppo¬ 
nents was to obtain the offices. Party principles and great national 
questions were lost sight of in this scramble for office, until public 
opinion became so strong against the evil that an organized move¬ 
ment for “Civil Service Reform” was commenced, resulting in 
the present laws. Its beneficial effects have already been felt 


EXECUTIVE POWERS 


131 


in the improvement in the government service and in lessening 
the corruption in the political parties. 

Executive Sessions.—ISTominations by the President of 
officers for whose appointment the Constitution requires 
senatorial consent are sent to the Senate by special mes- 
senger. The consideration of such nominations, and also 
of treaties, is held by the Senate behind closed doors, the 
public being excluded. Sessions of this character are 
termed executiv^e sessions,” because the Senate is exer¬ 
cising an executive and not a legislative function. From 
the fact that they are held secretly^ the term ‘ ‘ executive ’ ’ 
is now generally applied to any secret session of the legis¬ 
lative body, without reference to the power which is 
being exercised. 

Appointments during Recess of Senate.—The Constitu¬ 
tion also provides that: 

The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions 
which shall expire at the end of their next session. (Art. II., Sec. 
2, Cl. 3.) 

This clause applies only to such appointments as require 
senatorial consent. It is further provided that the Presi¬ 
dent shall commission all the officers of the United 
States” (Art. II., Sec. 3). 

Removals.—There is connected with the appointing 
power the implied power to remove by dismissal a civil 
officer who fails to perform his duties or acts against the 
policy of the Government. Military and naval officers, 
however, are removed by court-martial; and members 
of the judiciary only by impeachment. 


132 


THE FEDERAL GOVERNMENT 


3 . Pardoning Power.—The Constitution provides that 
the President 

shall have power to grant reprieves and pardons for offenses 
against the United States, except in cases of impeachment. (Art. 
II., Sec. 2, Cl. 1.) 

The pardoning power includes the right of pardon, 
amnesty, reprieve and commutation of sentence. 

A PARDON is an act of the executive by which a person convicted 
of a crime is exempted from the punishment imposed by law. A gen¬ 
eral pardon, which applies to a number of persons guilty of the same 
offense, is termed an amnesty. A reprieve is the temporary suspen¬ 
sion of the execution of a judicial sentence. A commutation of a sen¬ 
tence is lessening the severity of the punishment which the law imposes. 

Necessity of Power,—This power is necessary to rectify 
errors of justice, but is not applicable to impeachment, 
because the Court of Impeachment is the highest instru¬ 
ment of the sovereignty, before which even the President 
and Justices of the Supreme Court can be summoned and 
tried. 

4 . The Power to Conduct the Relations with Foreign 
Nations; Treaties.—This power authorizes the Presi¬ 
dent, “ by and with the advice and consent of the Senate, 
to make treaties, provided two thirds of the Senators pres¬ 
ent concur” (Art. 11., Sec. 2, Cl. 2). As the local inter¬ 
ests of a State may be involved in a treaty, the Senate, 
which represents the States, is given a voice in its adop¬ 
tion. Thus the President in ratifying a treaty represents 
the people in general, and the Senate the States. A 
treaty., or a “ convention,” as it is sometimes called, is a 
compact between two or more sovereign states for their 
general welfare. 


EXECUTIVE POWERS 


133 


Treaty-making. —The usual method of entering into a treaty 
with a foreign government is as follows : The negotiators, who 
may he either the Secretary of State and the diplomatic represent¬ 
ative of the other government, our minister to the other country 
and its minister of foreign atfairs, or commissioners especially ap¬ 
pointed for the purpose, meet and exhibit their credentials, which 
must be plenary. The usual commission of an ambassador or 
minister is not sufficient; he must have a special commission giv¬ 
ing him power to negotiate this particular treaty. 

Drafting and Ratifying. —The negotiators submit drafts 
of the proposed treaty and suggest changes until an agreement 
is reached. It is then prepared in auplicate and the treaty is 
“ celebrated ”; that is, signed by the negotiators. In each of these 
duplicates, or “counterparts,” the text of the treaty appears in 
English and in the language of the nation with which it is made. 
The treaty is then delivered to the President, who, if he approves, 
sends it to the Senate for ratification. When approved by two 
thirds of the Senators present it is returned to the President, 
who signs it and causes the Great Seal of the United States to be 
affixed. 

Exchange of Ratifications. —The Secretary of State, or a 
commissioner with a special commission for this purpose, meets a 
commissioner of the other government, which has meanwhile 
ratified the treaty, and “ratifications are exchanged”; that is, 
the treaty signed by the President is delivered to the foreign com¬ 
missioner and the treaty signed by the sovereign or president of 
the other country is given to the American representative. 

Treaty Proclaimed. —As soon as the exchange of ratifica¬ 
tions takes place, a proclamation, containing the text of the 
treaty, is issued by the Secretary of State in the name of the 
President, and it becomes a law of the United States. 

Peace and Armistice.—As peace is made by treaty, the 
President can, with the consent of the Senate, make 
peace, and, without such consent, enter into an armistice 
for the cessation of hostilities, looking toward peace. 

5 . The Power to Administer the Internal Affairs of the 
Nation.—This power is implied by the clause, He shall 


134 


THE FEDEKAL GOVEENMENT 


take care that the laws be faithfully executed ” (Art. 
II., Sec. 3). 

Power to Convene Congress.—In connection with the 
two powers last discussed, the President may, on extra¬ 
ordinary occasions, convene both houses, or either of 
them” {Id.). Such occasions may be the consideration 
of a treaty, the probability of war, the necessity of pre¬ 
serving the credit of the country or providing funds to 
conduct the government. 

3. THE EXECUTIVE DEPARTMENTS. 

Created by Congress.—The Executive Departments, 
through which the President conducts the affairs of the 
nation, are recognized, although not directly established 
by the Constitution. They have been created and their 
duties defined by acts of Congress. 

The Cabinet.—The Heads of Departments, as they are 
termed in the Constitution, form the official family ” 
of the President, and as such are called the Cabinet. 
They are appointed by the President, with the consent 
of the Senate, and can be removed by him at his dis¬ 
cretion. 


1. The Cabinet. 

Origin.—^The Cabinet is not recognized by the Consti¬ 
tution. Although the advisability of such a council was 
discussed in the Constitutional Convention, it was not 
established because of a fear that it would lessen the 
responsibility of the chief magistrate to the people. But 
it was provided that the President 


THE EXECUTIVE DEPARTMENTS 


135 


may require the opinion, in writing, of the principal officer in 
each of the executive departments, upon any subject relating to 
the duties of their respective offices, . . . (Art. II., Sec. 2.) 

Early in our history there was introduced the custom, 
which still continues, of having these officers meet with 
the President to consult upon important matters, so that 
the Cabinet has become a recognized part of our system 
of national government. 

Meetirigs.^—^The Cabinet usually meets twice a week, 
but may be convened at any time. At these meetings 
the policy of the Government is discussed, but the Presi¬ 
dent is not bound by the opinions expressed, and so his 
responsibility to the people for any executive act is in no 
way lessened. 

Cabinet in England and the United States.—The word 

Cabinet ” is an adoption from the English term applied 
to the body of public ministers who enforce the laws. 
In Great Britain it possesses the executive authority ; its 
members sit in Parliament and are responsible to that 
body and to the sovereign for their acts. In the United 
States the Cabinet is merely an advisory body to the 
President, and neither the President nor any cabinet 
officer can, under the Constitution (Art. I., Sec. 6, Cl. 2), 
be a member of the Senate or House of Representatives. 

2. The Departments. 

When Created.—The Executive Departments of the 
government were originally four in number—the Depart¬ 
ment of State, the Treasury Department, the War De¬ 
partment and the Department of Justice. To tliese were 
added in 1798 the Navy Department, in 1829 the Post 


136 


THE FEDEEAL GOVERNMENT 


Office Department, in 1849 the Department of the Interior, 
in 1889 the Department of Agriculture, and in 1903 the 
Department of Commerce and Labor. 

Official Heads. — The heads of these nine Departments 
are respectively the Secretary of State, the Secretary of 
the Treasury, the Secretary of War, the Attorney-Gen¬ 
eral of the United States, the Secretary of the Navy, the 
Postmaster-General, the Secretary of the Interior, the 
Secretary of Agriculture, and the Secretary of Commerce 
and Labor. These officers, appointed by the President, 
form the Cabinet and constitute the President’s official 
advisers. 


(a) Department of State. 

Duties.—This Department has charge of the corre¬ 
spondence with agents of the United States in foreign coun¬ 
tries, of negotiations with the diplomatic agents of other 
governments and of the general conduct of foreign affairs. 

Duties of Secretary of State.—The Secretary of State, 
besides directing the affairs of his Department, is the cus¬ 
todian of the great seal of the United States. He is 
charged with the promulgation of the laws ; with giving 
notice of proposed constitutional amendments and with 
their promulgation when adopted ; with notif3nng the 
state authorities of vacancies in the offices of President 
or Yice-President ; and with issuing proclamations and 
other presidential communications of a public character. 

Passports.—The Secretary of State can grant passports 
to citizens of the United States who go abroad intending 
to return. A passport is a certificate that the person de¬ 
scribed in it is a citizen of the United States, and is used 


THE EXECUTIVE DEPARTMENTS 


137 


for the purpose of identification and to obtain the protec¬ 
tion and rights to which he is entitled. 

Diplomatic and Consular Service.—The agents of the 
United States in foreign countries are of two classes: 
diplomatic and consular. 

Diplomatic Service.—A Diplomatic Agent is an ofiicial 
accredited—that is, sent with credentials of his character 
and rank—to a foreign sovereign or government, whose 
duty is to conduct the ofiicial intercourse between the 
United States and that sovereign or government, which 
is done through the Minister of Foreign Affairs of the 
other country. The conduct of such intercourse is termed 
diplomacy. There are four grades in the Diplomatic 
Service, which rank in the order given: (1) Ambassadors; 
(2) Ministers Plenipotentiary; (3) Ministers Resident; and 
(4) Charges d’Affaires. 

An Ambassador is supposed to be the representative of 
the person of the sovereign, and as such entitled to special 
privileges, among which was claimed the right to deal 
directly with the sovereign to whom he is accredited. 
This important privilege is, however, denied by later 
authorities, and ambassadors differ from other diplomatic 
representatives only in rank, which affects their social 
rather than their ofiicial standing. 

A Minister Plenipotentiary or, to give him his full 
title, ‘‘ Envoy Extraordinary and Minister Plenipoten¬ 
tiary,” represents the affairs, not the person, of the sov¬ 
ereign.* The word plenipotentiary ” never possesses 
its full meaning in this connection. 

* There being no one individual in the United States who possesses the 
sovereignty, representation of the sovereign’s person is in a measure lie- 


138 


THE FEDERAL GOVERNMENT 


A Minister Resident differs from a Minister Plenipo¬ 
tentiary only in grade. 

A Charge Affaires represents the Secretary of State, 
and is accredited to the minister of foreign affairs of the 
government to which he is sent. A Charge d^Affaires 
ad interim is an official who, during the absence of an 
ambassador or minister, performs his duties. He is 
usually the first secretary of the embassy or legation. 

Diplomatic Commissioners.—Besides these diplomatic 
agents, a commissioner, with the rank of one of the first 
two grades, is sometimes appointed for a special purpose, 
such as the negotiation of a treaty or the settlement of 
claims. 

Diplomatic Privileges.—Diplomatic agents and their at¬ 
taches possess certain exceptional privileges which are 
universally recognized. For example, they are exempt 
from criminal prosecutions and actions at law, and their 
persons and property are protected from seizure or injury. 

Duties of Diplomatic Agents.—The principal duties of 
diplomatic agents are the negotiation of treaties, the set¬ 
tlement of claims and disputes between the two govern¬ 
ments, the protection of citizens of the United States, the 
issuance of passports and the reporting to the Secretary 
of State the political events which occur in the country 
where they reside. 

Persona non Grata.— In case a diplomatic representative is 
persona non grata —that is, one personally objectionable to the 

titious and difficult of application. The distinction between ambassadors 
and ministers is based upon monarchical institutions, but was adopted 
by the United States in 1893 for the purpose of gaining for our diplo¬ 
matic representatives of the first grade the consideration which only 
ambassadors enjoy in foreign courts. 


THE EXECUTIVE DEPARTMENTS 


139 


government to wliich he is accredited—the minister of foreign 
affairs notifies the Secretary of State through the regular diplo¬ 
matic channels, the minister is recalled and another is appointed 
who is persona grata. In the notice to the Secretary of State it 
is customary to give the grounds of objection, but it is not neces¬ 
sary, as the mere fact that he is objectionable to the foreign gov¬ 
ernment is sufficient. 

Severance of Diplomatic Relations.—^^Vhen the relations 
between the United States and another country become 
strained, and war is imminent, the representative of the 
other nation at Washington demands or is given his pass¬ 
ports, or safe conduct, and he is expected to leave this 
country at once. The United States representative to 
the other government is also given or demands his pass¬ 
ports, and leaves the country. Thus diplomatic relations 
are broken off. Whatever official intercourse occurs be 
tween the two governments after their diplomatic agents 
have been withdrawn is carried on through the ministers 
of other countries. 

Consular Service.—The Consular Service is divided into 
four grades: (1) Consuls-General; (2) Consuls; (3) Com¬ 
mercial Agents; and (4) Consular Agents. 

A member of the Consular Service is an agent of the 
United States in a foreign country, to protect its citizens 
and commercial interests. Before he can begin his services 
his commission is forwarded to the diplomatic represent¬ 
ative of the United States, who applies to the minister 
of foreign affairs of the country to which the officer is 
commissioned for permission for him to perform his con¬ 
sular duties. This permission is called an exequatur^ and 
whenever it is revoked the consular officer must cease 
to act. 


140 


THE FEDERAL GOVERNMENT 


A Consul-General is sent to a country with which the 
United States has large commercial interests. He has 
supervision of the entire consular service in such country; 
and in certain countries (such as Great Britain, France, 
Germany, Italy, etc.) all consular officers send their 
reports to the Department of State through their Con¬ 
suls-General. 

A Consul has charge of the commercial relations be¬ 
tween the United States and a certain district, in which 
he is authorized to perform his duties. 

Consuls-General and Consuls are appointed by the 
President, with the advice and consent of the Senate. 

A Commercial Agent differs from a Consul chiefly in 
rank. He is appointed by the President alone. Such an 
officer is usually not recognized by the country to which 
he is sent ; but it is customary for the United States 
to request an exequatur to be issued to its Commercial 
Agents. 

A Consular Agent is an official appointed by the Presi¬ 
dent to act in part of a district in which the Consul is 
unable to perform his duties alone. A Consular Agent 
is under the supervision of, and reports to, the Consul of 
the district. Besides these regular grades there are vice- 
consular officers (such as Yice-Consuls-General, Yiee- 
Consuls, etc.), who perform the duties of their superiors 
during the temporary absence of the latter. 

Duties of Consular Officers.—The chief duties of Con¬ 
suls are to report to the Secretary of State the conditions 
of trade between the United States and their districts and 
to make suggestions in relation to their improvement ; to 
authenticate papers ; to settle disputes between American 


THE EXECUTIVE DEPAKTMENTS 


141 


sea captains and their crews ; to give aid to shipwrecked 
or indigent citizens of the United States ; and in the ab¬ 
sence of a diplomatic agent (as in colonies such as Canada 
or Australia) to issue passports. 

No Official Privileges.—Consuls possess none of the im¬ 
munities enjoyed by diplomatic officers. They are sub¬ 
ject to the laws of the country where they reside, both 
criminal and civil. There is generally an exception to 
this rule in half-civilized and non-Christian countries, 
where by treaty they are given diplomatic privileges. 

(J>) Treasury Department, 

Duties.—This Department has the management and 
custody of the finances of the United States, and super¬ 
vision of the National Banking System. 

Collection of Revenues.—It collects the customs duties, 
and to prevent violations of the tariff laws has a number 
of vessels, known as ‘‘revenue cutters,” whose chief 
duty is to patrol the coasts and seize smugglers. It also 
collects the internal revenues and enforces the revenue 
laws. To prevent their violation, to apprehend counter¬ 
feiters and to protect the government funds, it employs 
a corps of agents and detectives, known as the “Secret 
Service.” 

Coinage.—The Treasury Department has charge of the 
mints and coins the money of the United States. The 
Bureau of Engraving and Printing, where the different 
forms of bills in circulation are made, is under this De¬ 
partment. 

Custody of Funds.—It also has the custody of any other 


142 


THE FEDERAL GOVERNMENT 


government funds, and disburses money as directed by 
the laws passed by Congress. 

Other Branches. — The Life-saving Service and the 
supervision of the construction of national buildings are 
under the control of this Department. The clerical force 
of the Treasury, which is the largest of any Depart¬ 
ment, belongs in a great measure to the classified civil 
service. 

Duties of Secretary of the Treasury.—The Secretary of 
the Treasury has the special duties of making regulations 
for the enforcement of the customs, internal revenue and 
immigration laws, of making an annual report to Con¬ 
gress with an estimate of receipts and expenditures for 
the following year, and of publishing every three months 
a statement of the receipts and expenditures for the past 
quarter. 

National Banks.—A hanh is an association for the de¬ 
posit and loan of money, and to facilitate its transference 
by drafts and bills of exchange. A national hanlc is 
one incorporated under the federal laws. I^ational banks 
are under the supervision of a bureau of the Treasury 
Department, at the head of which is the Comptroller of 
the Currency. 

Organization. —A national bank may be organized by not less 
than five persons with a minimum capital ranging from $25,000 
to $200,000, which is determined by the number of inhabitants in 
the place where it is organized. After organization a bank can¬ 
not act until the Comptroller has issued to it a certificate, which 
must be renewed every twenty years. 

Deposit of Bonds ; Bank Notes. —A bank, before issuing 
notes, must deposit with the Treasury United States bonds equal 
to one fourth of its capital unless that exceeds $150,000, in which 


THE EXECUTIVE DEPARTMENTS 


143 


case the deposit of bonds must be $50,000. Upon this deposit the 
Treasury issues to the bank, at its request, National Bank Notes 
for circulation to any amount less than ninety per cent, of the 
bonds deposited. On its note-issue a bank pays an annual tax of 
one per cent. 

Prohibitions. —A National Bank is prohibited from making* 
loans upon real estate, from accepting its own stock as security, 
from loaning to one person an amount exceeding one tenth of 
its capital and from impairing its capital without replacing the 
amount within three months after receiving notice from the 
Comptroller. 

Government Supervision. —Five reports a year must be made 
to the Comptroller at such times as he designates; and an exam¬ 
iner, appointed by him, visits a bank from time to time and reports 
the state of its affairs. By these means the Comptroller is kept 
constantly informed of the condition of each bank in the country. 
When a bank fails, its affairs are placed in the hands of a re¬ 
ceiver, appointed by the Comptroller, who converts its assets into 
money and deposits them in the Treasury, out of which the 
Comptroller may from time to time declare dividends to the 
bank’s creditors. 

Liability of Stockholders. —In case the assets of a bank are 
not sufficient to pay its debts, each stockholder may be assessed 
by the Comptroller to an amount not exceeding the face value of 
the stock which he holds. 

Advantage of System. —The great advantages of the National 
Bank System are the uniformity of banking throughout the coun¬ 
try and the security to depositors by reason of government super¬ 
vision and the Comptroller’s management of the affairs of a bank 
which has failed. 

Legal Tender. —Before leaving the financial branch of 
the government a brief statement should be made con¬ 
cerning legal tender ” in the United States. Legal 
tender is the money or currency which by law a person 
can require a creditor to accept in settlement of a debt. 
In the United States gold coins are legal tender to any 


144 


THE FEDERAL GOVERNMENT 


amount ; silver dollars and Treasury notes of the Act of 
1890 are full legal tender unless limited by contract ; 
greenbacks (United States notes), except as interest on 
the national debt; national bank notes in payments to 
any national bank or for customs duties and debts of the 
Government except for interest on national bonds; silver 
coins of a lower denomination than a dollar are full legal 
tender to the amount of ten dollars ; and nickel and cop¬ 
per coins, to the amount of twenty-five cents. 

Coins.— Any person can send to one of the mints any amount 
of gold bullion, and, upon the payment of the cost of minting, 
called “seigniorage,” have it coined into money. This privilege, 
being unlimited, is called “free coinage.” The Treasury pur¬ 
chases the silver, nickel and copper which are made into coins, 
but only such amounts can be bought and coined as Congress 
authorizes. There is no free coinage of these metals. 

Circulating Notes.— A Treasury Note^ issued under the Act 
of 1890, is one secured by silver dollars stored in the Treasury. 
A Greenback^ or United States Note^ is merely a promise to pay 
the amount to the bearer. A National Bank Note is a promise 
by the bank which issues it to pay the bearer the amount of it, 
and is secured, as has been said, by a deposit of government 
bonds. All varieties of circulating notes are engraved by the 
Treasury and are redeemed or canceled by that Department. 


(<?) The War Department. 

Duties.—This Department has charge of the construc¬ 
tion and maintenance of the military stations and of the 
organization and maintenance of the military forces of 
the United States. The Department has also the direc¬ 
tion of the Military Academy at West Point, N. Y. 
Prior to the establishment of the Department of the 


THE EXECUTIVE DEPARTMENTS 


145 


Interior, Indian Affairs were for a time conducted by the 
War Department. 

{d) The Department of Justice, 

Duties.— This Department has the general supervision 
of actions and proceedings brought by or against the 
United States in the federal courts, and also has the con¬ 
trol of the District Attorneys and Marshals of the United 
States. 

Duties of Attorney-General.— ^The Attorney-General is 
required to give a legal opinion upon any question sub¬ 
mitted to him by the President or by the Heads of the 
Departments, and to argue suits in the Supreme Court and 
Court of Claims in Avhich the United States is interested. 
He is required to examine and approve the title to land 
before it can be purchased by the United States ; and he 
also examines and makes recommendations concerning 
applications for pardons and reprieves before they are 
acted upon by the President. 

{e) The Navy Department, 

Duties.— This Department is charged with the con¬ 
struction, equipment and maintenance of the navy and 
naval stations, and with the organization and mainte¬ 
nance of the naval forces of the United States. The 
Naval Academy at Annapolis, Md., is under this Depart¬ 
ment. 

(/) The Post-Office Department. 

Duties.— This Department controls the foreign and 
domestic postal service of the United States. Its em- 
10 


146 


THE FEDERAL GOVERNMENT 


ployees, excepting postmasters, are generally subject to 
the civil service laws. 

Powers of Postmaster-General. — The Postmaster-Gen¬ 
eral is empowered by law to institute and discontinue 
post-offices, and, with the consent of the President, and 
without the consent of the Senate, to negotiate postal 
treaties with foreign nations. 

(^) The Department of the Interior. 

Duties. — This Department has charge of the public 
lands, including mines, the care of Indian tribes in the 
United States, of education, and of the railroads in which 
the United States has an interest. 

Patents ; Pensions. — The issuing of patents belongs to 
this Department, as does the granting of pensions. A 
pension is a stated allowance granted to soldiers and sailors 
disabled by wounds incurred or disease contracted in the 
service of their country, and also, under certain conditions, 
to their widows and children. 

Qi) The Department of Agriculture. 

Duties. — This Department is devoted to the securing, 
preservation and publication of information relative to all 
branches of agriculture, the collection and distribution of 
seeds among agriculturists, the inspection of cattle and 
meats exported, and the prevention of diseases among 
live stock. 

Weather Bureau. — This Department has charge of the 
Weather Bureau, which issues daily weather maps and 
forecasts for the succeeding twenty-four hours. The work 
of the Weather Bureau is particularly valuable along the 


THE EXECUTIVE DEPARTMENTS 


147 


coasts and on the Great Lakes in giving timely warning 
of approaching storms, and also in making a study of the 
climate of the United States. 

(i) The Department of Commerce and Labor. 

Duties. — It is the duty of this Department to promote 
trade, transportation and fisheries, and the laboring and 
manufacturing interests of the country. To this end, it 
has charge of lighthouses, the coast survey, immigration 
and foreign commerce. It also embraces the Fish and 
Labor Commissions and takes the national census every 
ten years. 

Bureaus. — The Bureau of Manufacturing is charged 
with the development of manufacturing industries and 
markets for the same at home and abroad. The Bureau 
of Corporations is empowered to investigate the manage¬ 
ment of corporations doing business in two or more States 
and report the same to the President for the purpose of 
recommending legislation. 

(i) Commissions., Bureaus., Ftc, 

Besides these Departments, there belong to the Execu¬ 
tive Branch of the government the Civil Service Commis¬ 
sion., already spoken of; the Interstate Commerce Com¬ 
mission., which has supervision of railroads which pass 
from one State into another; the Grovernment Printing 
Office, which publishes the “ Congressional Record,” presi¬ 
dential messages, reports and all other official documents; 
the Librarian of Congress, who is in charge of the Library 
of Congress and of the issuance of Copyrights; and otheT 
bureaus in charge of the national museums and scientific 
collections. 


148 


THE FEDERAL GOVERNMENT 


4. DUTIES OF THE EXECUTIVE. 

Implied Duties of President. —The duties of the Presi¬ 
dent are chiefly those implied in the powers vested in 
him, and for the proper exercise of which he is respon¬ 
sible. 

Annual and Other Messages. —There are certain of his 
duties, however, which are specified in the Constitution. 
It is provided that: 

He shall from time to time give to the Congress information of 
the state of the Union, and recommend to their consideration such 
measures as he shall judge necessary and expedient; . . . 

(Art. H., Sec. 3.) 

Custom has established that at the opening of each 
session of Congress the President shall send to the two 
houses an Annual Message containing a review of the 
foreign and domestic affairs of the United States during 
the preceding year, and outlining what he deems the best 
policy as to existing conditions. The President may also 
submit a special message to Congress at any time when 
a question of importance arises which demands legislative 
action, with or without expressing his opinion as to the 
course to be pursued. 

Mode of Delivering Messages.— Presidents Washington 
and Adams delivered their annual communications orally, 
but President Jefferson inaugurated the custom, since fol¬ 
lowed, of sending them in writing, to be read before the 
two houses.* 

* Presidents Washington and Adams, at the opening of each regular 
session of Congress, complied with the constitutional requirement by 


DUTIES OF THE EXECUTIVE 


149 


Reception of Foreign Representatives.—The President is 
also directed by the Constitution to receive ambassa¬ 
dors and other public ministers ” {Id.). A diplomatic 
representative delivers his credentials to the Secretary of 
State, and, if they are satisfactory, he is officially pre¬ 
sented by the latter officer to the President and becomes 
the recognized agent of his government. In case two 
governments exist in the same country, it rests with the 
President to determine which of their agents represents 
the sovereignty. 

Sole Responsibility of President.—The President shall 
take care that the laws be faithfully executed ” {Id.). 
This provision emphasizes his sole responsibility for the 
proper administration of national affairs, and prevents 
any question being raised as to the division of such re¬ 
sponsibility. 

personally delivering an “Annual Address,” or “Speech,” to the two 
houses of Congress, which met jointly for that purpose; and to this 
address each house replied through its presiding officer. All other 
communications of the Executive were by “ Special Message,” a copy of 
which was sent by messenger to each house. President Jefferson, at 
the opening of the first session after his inauguration, sent a memo¬ 
randum to Congress stating that he deemed it advisable not to make 
the annual communication “by personal address,” but to adopt the 
method “ by message ” which had been employed by his predecessors 
on all sp)ecial occasions. 


150 


THE FEDERAL GOVERNMENT 


THE EXECUTIVE BRANCH. 


THE PRESIDENT. 


Powers. 

Military. 

P Army. 
Command of -j Navy. 

Militia. 

Conduct of military operations. 
Begin hostilities. 

Institute a blockade. 


Civil. 


Veto. 

Ambassadors. 

Public Ministers. 

Consuls. 

Judges. 

Other officers of the United States. 

^ . S Classified. 

Civil Service w, , , 

(Unclassified. 

Pardon. 

Amnesty. 

1 Reprieve. 

[ Commutation of sentence. 

Conduct foreign relations ) Convene Congress for these 
Administer internal affairs ) purposes. 


Appoint 


Pardon 


Duties. 


Give information ? , i 

> to Congress by 
Recommend measures ) ® 

Receive foreign representatives. 

Execute the laws. 


Annual } , , 
Special 








THE EXECUTIVE DEPARTMENTS 


151 


THE EXECUTIVE DEPARTMENTS. 
Department of State. 

Custody of the Great Seal. 
Promulgate laws. 


Secretary of 
State 


Give notice of 
Promulgate 

Issue 


Correspondence 
with and 
direction of 


) Constitutional Amend- 
) ments. 
f Proclamations. 

^ Presidential Communica- 

( Passports. [tions. 

r Ambassadors. 

Diplomatic j Ministers Plenipotentiary, 

service | Ministers Resident. 

[ Charges d’Affaires. 

' Consuls-General. 

Consular Consuls. 

service ] Commercial Agents. 
Consular Agents. 

^ Negotiations with foreign diplomatic agents. 

Treasury Department. 

f Regula- ( 

®,. •< Internal reve- 

1 (Immigration. 

[ Annual estimate. 

Publish quarterly statement. 

Customs duties. 

Internal revenue. 

Gold. 


Secretary of the 
Treasury 


Collection of 


Coinage 


Make 


Coins 


Circulating 

notes 


Silver. 

Nickel. 

^ Copper. 

^ Treasury notes. 

< U. S. notes (Greenbacks). 
( National bank notes. 


Supervision of national banks. 

Custody and [ government funds. 
Disbursement of ) 

( Life-saving service. 

Direction of -j Construction of National 
( Buildings, etc. 









152 


THE FEDERAL GOVERNMENT 


War Department. 

Secretary of War: 
Construction and | 
< Maintenance ) 

Organization and ) 
Maintenance t 


of military stations 
of land forces. 


Advise 


Department of Justice. 

( President. 

( Heads of departments. 
Argue U. S. ( Supreme Court. 

The Attorney- j suits ( Court of Claims. 

General N Examine and ) Titles to lands purchased 
'Approve j by the United States. 

Examine and f , , 

Recommend [ 

Supervision of legal actions when United States a party. 


Control of 


( District Attorneys. 
1 Marshals. 


Navy Department. 

Secretary of the Navy: 
Construction, 1 

Equipment and ^ 
Maintenance ) 

Organization 
Maintenance 


of 


( Navy. 

j Naval stations. 


I of naval forces. 


Post-Office Department. 

D . ^ ( Institute and ) 

Fostmaster- 1 t-w- x- r 

ri 7 -< Discontinue 1 

enera J Negotiate postal 

Control of postal ( Foreign. 

service. Domestic. 


Post-offices. 

treaties. 


Department of the Interior. 

Secretary of the Interior: 

( Public lands. 
Indians. 
Education. 
Railroads. 


Issuance of patents. 

^ Granting of pensions. 








THE EXECUTIVE DEPARTMENTS 


153 


Department of Agriculture. 

Secretary of Agriculture: 

Preservation and ) » . » 

Publication ; agricultural information. 

Collection, 1 

Testing and > of seeds. 

Distribution ) 

Inspection of exported | 

Prevention of diseases among live stock. 

Weather Bureau. 


Department of Commerce and Labor. 

Secretary of Commerce and Labo^ : 

Trade. 

Transportation. 

Promote < Fisheries. 

Labor and 
Manufacture. 

( Lighthouses. 

Charge of -< Coast survey. 

( Foreign commerce. 

Enforcement of immigration laws. 

Taking and ^ national census. 

Publication ) 

Bureau of manufacturing. 

Bureau of corporations. 

Civil Service Commission. 

Interstate Commerce Commission. 

Commissioner of Labor. 

Fish Commission. 

Government Printing Office. 

. , ^ ( Charge of Congressional Library. 

Librarian of Congress | copyrights. 


Bureaus in charge of 


( National Museum. 

1 Scientific collections, etc. 







CHAPTER IT. 


THE JUDICIAL BRANCH. 

/. THE FEDERAL JUDICIARY, 

The Judicial Power.— The judicial power of the United 
States, shall be vested in one Supreme Court, and in such inferior 
courts as the Congress may from time to time ordain and establish. 
(Art. III., Sec. 1.) 

The system of courts thus established is generally recog¬ 
nized as chiefly instrumental in giving stability and per¬ 
manence to the national government. 

Judiciary of the Confederacy.—Under the Articles of 
Confederation there was practically no national judiciary. 
The Congress was the arbiter in boundary disputes be¬ 
tween States and was empowered to establish prize 
courts ; but the interpretation and application of the 
laws of the Confederacy rested with the state courts, 
from whose decisions there was no appeal. As a result, 
these interpretations were affected by local prejudice or 
interest. 

Necessity of a National Judiciary.—The need of a na¬ 
tional judiciary for the application of the national laws 
in the same way to every citizen of every State, as well 
as for a check upon the acts of the state governments 
and the legislative branch of the federal government, 
was early recognized by the Convention of 1787. The 


THE FEDERAL JUDICIARY 


155 


check upon the national legislature could not be exercised 
by the state courts, for there would be no uniformity in 
their decisions. But if there was no such check, it was 
evident that the constitutional limitations upon legisla¬ 
tion would be ineffective, as Congress, in conjunction 
with the President, would, like the British Parliament, 
be practically supreme. 

Independence of Judiciary.—It was evident also that 
the tribunal possessed of such powers should be indepen¬ 
dent of the other branches of the government, both for its 
maintenance and tenure of office, so that it might act 
with that freedom and fearlessness which were essential 
to the proper performance of its duties. Therefore the 
Constitution provides that: 

The judges, both of the supreme and inferior courts, shall hold 
their offices during good behavior, and shall, at stated times, receive 
for their services, a compensation, which shall not be diminished 
during their continuance in office. (Art. III., Sec. 1.) 

Establishment of the Judiciary.—There was thus estab¬ 
lished a judiciary, national and independent, with ppwer 
in Congress to provide for inferior courts, from which 
appeals could be taken to the higher tribunal. The pro¬ 
visions for the judiciary were determined upon in the 
early sessions of the Convention, and though the greater 
part of the Constitution underwent numerous modifica¬ 
tions, these remained practically unchanged. 

The Impeaching Power.—In one particular, however, 
the national tribunal was deprived of a judicial power 
originally given to it. That was to try impeachments, 
for it was apparent that if no check were placed upon the 


156 


THE FEDERAL GOVERNMENT 


judges they might become the supreme power in the gov¬ 
ernment by annulling the laws of Congress and remov¬ 
ing the executive officers by impeachment. To prevent 
such a possibility, the Convention lodged the impeaching 
power in the legislative branch and made the judicial 
officers themselves subject to removal from ofiice upon 
impeachment. 

The completed Constitution thus established three divi¬ 
sions of the judicial power: first, that given to the Sen¬ 
ate, a Court of Impeachment ; second, the Supreme Court 
of the United States ; and third, such inferior courts as 
Congress might create. 

1. The Court of Impeachment. 

Definition.— Impeachment^ under the Constitution, is a 
charge made in writing by the House of Kepresentatives 
to the Senate against a civil officer of the United States. 
The charge or charges are termed Articles of Impeach- 
ment. 

Constitutional Provisions.—The provisions in the Con¬ 
stitution relating to impeachment are as follows: 

The House of Representatives . . . shall have the sole 

power of impeachment. (Art. I., Sec. 2, Cl. 5.) The Senate shall 
have the sole power to try all impeachments. When sitting for 
that purpose, they shall be on oath or affirmation. When the 
President of the United States is tried, the Chief Justice shall 
preside; and no person shall be convicted without the concurrence 
of two thirds of the members present. (Art. I., Sec. 3, Cl. 6.) 

Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and 
enjoy any office of honor, trust or profit under the United States; 
but the party convicted shalj, nevertheless, be liable and subject 


THE FEDERAL JUDICIARY 157 

to indictment, trial, judgment and punishment, according to law. 
(Art. I., Sec. 3, Cl. 7.) 

The President, Vice President and all civil officers of the United 
. States shall be removed from office on impeachment for, and con¬ 
viction of, treason, bribery, or other high crimes and misdemean¬ 
ors. (Art. II., Sec. 4.) 

The words ‘‘ civil officers ” in the last provision include 
all the judicial and executive officers of the government 
excepting those of the army and navy, but it has been 
held that members of the legislative branch are not of 
this class. 

Origin.—Since the time of Edward III. the English 
House of Commons has exercised the right to summon 
any English subject before the House of Lords for trial. 
Upon this power there was no limitation as to person or 
punishment, and its abuses prior to the American Revo¬ 
lution induced the Constitutional Convention to limit the 
jurisdiction and judgment of the Court of Impeachment. 

Procedure.—The method of impeachment in the United 
States is as follows: When a civil officer is charged with 
having committed an impeachable act, the House of Rep¬ 
resentatives appoints a committee to investigate the 
charges. If the report of the committee is against the 
accused and is sustained by a majority of the House, 
usually seven Representatives, called ‘‘Managers,” are 
elected to impeach the officer before the bar of the Sen¬ 
ate and to conduct the trial. 

Trial.—The accused is then summoned to appear before 
the Senate, which resolves itself into a Court of Impeach¬ 
ment. If the officer does not appear, the Senate takes 
the proof without him; but if he appears and denies the 


158 


THE FEDERAL GOVERNMENT 


accusation, a time is fixed for the trial, when it proceeds 
in much the same way as in an ordinary criminal trial in 
the federal courts. When deciding a question raised dur¬ 
ing the trial or when considering the verdict, the Senate 
does so in secret session, after which its decisions are 
puhlicty announced. 

Conviction .—'No ofiicer can be convicted in case of im¬ 
peachment unless two-thirds of the Senators present con¬ 
cur, but it would seem that questions raised during the 
trial can be determined by the majority. In the trial of 
a person for treason the Constitution provides that: 

No person shall be convicted of treason unless on the testimony 
of two witnesses to the same overt act, or on confession in open 
court. (Art. III., Sec. 3, Cl. 1.) 

Trial of President.—In case the President is impeached, 
it is manifest that the Vice-President is interested in the 
trial, for, if the accused is convicted and deprived of his 
office, the Vice-President would succeed him. In view 
of this fact, the provision was inserted in the Constitu¬ 
tion that in such case the Chief Justice shall preside at 
the trial. 

Grounds for Impeachment.—The grounds for impeach¬ 
ment are stated in the Constitution to be “ treason, 
bribery, or other high crimes and misdemeanors. ’ ’ Treason 
against the United States is defined by the Constitution 
to consist only in levying war against them, or in ad¬ 
hering to their enemies, giving them aid and comfort ” 
(Art. III., Sec. 3, Cl. 1). Bribery is the giving, tender¬ 
ing or receiving of any gift as a reward for performing 
a legal duty. High crimes and misdemeanors cover all 


THE FEDERAL JUDICIARY 


159 


classes of crimes, but whether a crime committed by an 
officer not in his official capacity is an impeachable 
offense is a question as yet undecided. 

2. The Supreme Court. 

Composition.—This tribunal is composed of judges ap¬ 
pointed by the President with the consent of the Senate. 
There is no provision as to number, although from Arti¬ 
cle II., Section 2, Clause 2, it would appear that the 
framers of the Constitution contemplated more than one 
judge, and a Chief Justice is mentioned in Article I., 
Section 3, Clause 6 ; nor is it provided Avhere or when 
the court shall hold its sessions. These details have been 
supplied by laws enacted by Congress. By the Judicial 
Act of 1789 the number of Justices Avas made six, Avhich 
has since been increased to nine. 

Sessions.—The Court sits at Washington, and holds one 
session annually, commencing on the second Monday in 
October. 


3. Inferior Courts. 

Divisions.—In accordance with the provisions of the 
Constitution (Art. III., Sec. 1), Inferior Courts liaA^e been 
established by acts of Congress. They Avill be considered 
in the folloAving order: {a) District Courts ; (J) Circuit 
Courts ; (c) Circuit Courts of Appeal ; and (d) the Court 
of Claims. The judges are appointed in the same way 
and for the same term as the Justices of the Supreme 
Court, and their compensation is guaranteed by the same 
constitutional provision. 


160 


THE FEDERAL GOVERNMENT 


{d) District Courts. 

Districts and Judges.—Congress has set apart each State 
as a judicial district, except in case of the more populous 
States, which are divided into two or more districts. At 
present (1911) there are ninety-two judicial districts. 
There is a resident Judge in each district ; and the court 
is held by a District Judge. 

(5) Circuit Courts. 

Circuits and Judges.—The United States is also divided 
into nine judicial circuits. To each Circuit the Supreme 
Court allots one of its Justices, who must attend at least 
one term of such Court in every two years. For each 
circuit there are also appointed two or more Circuit 
Judges. Prior to the establishment of the Circuit Courts 
of Appeal, there was but one Judge appointed for each 
Circuit. 

Terms.—A Circuit Court sits twice a year in each dis¬ 
trict within the circuit. It may he held by the Justice 
of the Supreme Court, a Circuit Judge, or a District Judge 
sitting alone, or by the Justice and a Circuit Judge to¬ 
gether, or by either of them sitting with the District 
Judge. 

(c) Circuit Courts of Ajpjpeal. 

Number and Purpose.—They are nine in number and 
were created for the purpose of relieving the Supreme 
Court of certain classes of appeals. 

Composition.—A Circuit Court of Appeal consists of 
three Judges, two of whom form a quorum. It is held 
by the Justice of the Supreme Court allotted to that cir- 


THE FEDERAL JUDICIARY 


161 


cuit and two Circuit Judges, but a District Judge is also 
competent to act. ]Yo judge, however, can hear a case 
in the Circuit Court of Appeal at the trial of which he 
presided in the District or Circuit Court. 

(d) The Court of Claims, 

Composition and Session.—This Court consists of five 
Judges, appointed in the same manner as other judicial 
officers, one of whom is Chief Justice of the Court. It 
sits in Washington and holds one session annually. 

4. Court Officers. 

United States Commissioners.— United States Commis¬ 
sioners are appointed in each circuit by the Circuit Courts, 
to assist the District and Circuit Judges. Their chief 
duties are to administer oaths, to examine and commit 
offenders against the federal laws, and to examine wit¬ 
nesses in certain cases. 

District Attorneys.—A District Attorney is appointed 
by the President for each judicial district to conduct 
criminal cases and civil actions, to which the United 
States is a party, in the inferior courts except the Court 
of Claims. 

Clerks.—A Cleric is appointed by the various courts, 
who has charge of the archives, the seal and the moneys 
paid into court. 

Marshals.—A Marshal is appointed by the President in 
each district, who executes the commands of the court, 
makes arrests for the violation of the federal laws and 
is given power to appoint deputies to aid him in the per¬ 
formance of his duties. 

11 


162 


THE FEDERAL GOVERNMENT 


2 . THE JURISDICTION OP THE FEDERAL COURTS. 

Jurisdiction is the authority to administer justice under the 
laws. It may be limited as to the matter in controversy, or the 
persons involved. It is also either original or appellate. 

Original Jurisdiction is the authority of a court to try a cause 
which has not been submitted to any other court, to receive evi¬ 
dence of the facts, to apply the laws and to render judgment. 

Appellate Jurisdiction is the authority of a court to review a 
cause, tried and determined in another court, without taking fur¬ 
ther evidence, and to reverse, modify or approve the judgment 
rendered. 

Concurrent Jurisdiction is that which a court possesses in 
common with another court or courts. 

The Common Law consists of those rules of justice, not enacted 
by the legislative power, which courts in England and the 
United States have declared to be the right principles for the 
regulation of society. 

As the rules of the Common Law became definite and fixed, 
another branch of jurisprudence was introduced, termed Equity^ 
which arose from the same source, natural justice, and was in¬ 
tended to supplement or correct the settled rules of the Com¬ 
mon Law, when their application would work hardship or in¬ 
justice. 

The Common Law and Equity are termed the Unwritten Law. 
Statute Laic comprises those laws which have been enacted by 
the legislative power. These are called the Written Law, and 
supersede the Common Law and Equity whenever their rules 
conflict. 

This system of jurisprudence, introduced in America with the 
earliest English settlements, was the only one with which the 
Colonists were familiar at the time of the Revolution. It was, 
therefore, recognized as a proper basis for judicial proceedings, 
and is to-day the system employed in the federal courts and in all 
the States except Louisiana, which derives its jurisprudence from 
France, and except in relation to certain questions of land titles 
arising in the States and Territories included in the lands ceded 
to the United States by Mexico. 

Admiralty Law is that which relates to maritime cases, both 


JURISDICTION OF THE FEDERAL COURTS 163 


civil and criminal, and in the United States pertains to the high 
seas, the great lakes and navigable rivers. 

A CRIMINAL ACTION is a prosecutioii in a court of law begun by 
the Government against an individual, which has for its object 
the punishment of a crime. 

A CIVIL ACTION is one begun by the Government or a person 
against another person, to collect debts, enforce contracts, deter¬ 
mine rights or recover damages for injuries. 

A PERSON, in a legal sense, includes a single individual, a partner¬ 
ship, association or corporation. 


1. Constitutional Limitations. 

As to Subject. —As to the subject in controversy^ the 
jurisdiction of the federal courts is limited by the Con¬ 
stitution 

to all cases, in law and equity, arising under this Constitution, 
the laws of the United States, and treaties made, or which shall 
be made, under their authority ; . . . [and] to all cases of 

admiralty and maritime jurisdiction; . . . (Art. III., Sec. 2, 

Cl. 1.) 

As to Parties. —As to parties, the federal jurisdiction is 
limited by the Constitution 

to all cases affecting ambassadors, other public ministers, and 
consuls ; . . .to controversies to which the United States shall 
be a party; to controversies between two or more States; between a 
State and the citizens of another State ; between citizens of differ¬ 
ent States; between citizens of the same State claiming lands un¬ 
der grants of different States, and between a State, or the citizens 
thereof, and foreign states, citizens or subjects. {Id.) 

The above provisions were modified in 1798 by Amend¬ 
ment XI., which provides: 

The judicial power of the United States shall not be construed 
to extend to any suit in law or equity, commenced or prose- 


164 


THE FEDERAL GOVERNMENT. 


cuted against one of the United States by citizens of another 
State, or by citizens or subjects of any foreign State. 

As to Penalties.—In criminal cases the Constitution 
provides that excessive fines shall not be imposed nor 
cruel and unusual punishments be inflicted (Amendment 
YIII.; see page 185). In convictions for treason the pun¬ 
ishment is limited by the provision that 

no attainder of treason shall work corruption of blood, or for¬ 
feiture except during the life of the person attainted. (Art. III., 
Sec. 3, Cl. 2 .) 

Congress, under the power granted to it by this last 
section, has fixed the punishment as death, or, at the dis¬ 
cretion of the court, imprisonment for not less than five 
years, a fine of not less than ten thousand dollars, and 
incapacity to hold any office under the United States. 

2. Original and Appellate Jurisdiction of the 
Supreme Court. 

Original.—The original jurisdiction of the Supreme 
Court is confined to two classes of cases, for the Consti¬ 
tution provides: 

In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be a party, the Supreme 
Court shall have original jurisdiction. (Art. III., Sec. 2, Cl. 2.) 

Appellate.—The appellate jurisdiction of the Court is 
much more extensive, but is subject to congressional 
regulations, which pertain chiefly to limiting the classes 
of cases which can be appealed. The provision of the 
Constitution is : 


JURISDICTION OF THE FEDERAL COURTS 165 


In all the other cases before mentioned the Supreme Court 
shall have appellate jurisdiction, both as to law and fact, with 
such exceptions, and under such regulations as the Congress 
shall make. {Id.) 

3. Jurisdiction of the Inferior Courts. 

Power of Congress.—As these tribunals are created by 
Congress, it follows that their jurisdiction must be estab¬ 
lished by legislative acts, but it cannot exceed the con¬ 
stitutional limitations. 

Congress can, therefore, change or modify the jurisdic¬ 
tion of the different courts at any time, and this has been 
done in certain instances. 

{a) Courts of Original Jurisdiction. 

The Courts.—The courts of original jurisdiction, only, 
are the District Courts, the Circuit Courts and the Court 
of Claims. 

District and Circuit Courts.—The District and Circuit 
Courts have concurrent jurisdiction of some civil actions 
and certain criminal cases, but all of the latter in which 
the sentence of death may be imposed must be brought 
in a Circuit Court. Admiralty cases and, generally, bank¬ 
ruptcy matters, must come before the District Courts, 
while cases arising under the revenue, patent and copy¬ 
right laws must be brought in the Circuit Courts. 

Juries. —The trial of all crimes, except in cases of impeach¬ 
ment, shall he by jury ; and such trial shall be held in the State 
where the said crimes shall have been committed; but when not 
committed within any State, the trial shall be at such place or 
places as the Congress may by law have directed. (Art. III., 
Sec. 2, Cl. 3.) (See Amendments VI. and VII., pages 185 and 
187.) 


166 


THE FEDEEAL GOVERNMENT 


Court of Claims.—The Court of Claims has sole and 
original jurisdiction of claims against the United States 
Government generally, and in all cases which involve 
less than three thousand dollars its decisions are final. 

(h) Courts of Appellate J^irisdietion. 

Circuit Courts of Appeal.—Except in certain cases, in 
which Congress has provided for appeals directly to the 
Supreme Court, a party dissatisfied with the decision of 
a District or Circuit Court may appeal to a Circuit Court 
of Appeal; and in some cases, such as those relating to 
the revenue, patent or copyright laws, or those involving 
less than five thousand dollars the decision of the Cir¬ 
cuit Court of Appeal is final. 

Supreme Court.—Except when the decision of a Cir¬ 
cuit Court of Appeal is final, a party may appeal from its 
decision to the Supreme Court ; and in cases involving 
such questions as the interpretation of the Constitution or 
a treaty, the conviction for a crime punishable with death 
or the jurisdiction of a court, a party can appeal directly 
to the Supreme Court without first having the case re¬ 
viewed by a Circuit Court of Appeal. It has also been 
provided by Congress that when a case before the courts 
of a State involves questions relating to the federal Con¬ 
stitution, laws or treaties, a party can appeal from the 
highest state court to the Supreme Court. 


THE JUDICIAL BRANCH 


167 


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168 


THE FEDERAL GOVERNMENT 


SOURCE OF AUTHORITY IN THE FEDERAL 
GOVERNMENT. 



















OFFICIAL TERMS AND SALARIES 



Source of 

Term of 

LEGISLATIVE— 

Authority 

Office 

Senators. 

Elected by State 


Representatives. 

Legislatures 

6 years 

Elected by People 

2 years 

Territorial Delegates. 

<< (( 

44 

Speaker of the House. 

Chosen by House 

44 

EXECUTIVE— 



( Civil) 


' 

President. 

Elected by Electors 

4 years 

Vice-President. 

U (b 

44 

Cabinet OflScers. 

Appointed by Presi- 

Will of the 


dent and confirmed 

President 

Solicitor-General. 

by Senate 

44 

44 

Assistant Secretaries. 

44 

44 

Ambassadors. 

44 

44 

Ministers Plenipotentiary. 

44 

44 

Ministers Resident. 

44 

44 

Consuls-General. 

44 

44 

Consuls. 

44 

44 

Civil Service Commissioners. 

44 

44 

Interstate Commerce Commissioners 

44 

44 

District Attorneys. 

44 

44 

Marshals. 

44 

44 

(Armr/) 



Lieutenant-General. 

44 

Life 

Major-Generals. 

44 

44 

Brigadier-Generals. 

44 

44 

Colonels. 

44 

44 

{Navy) 



Admirals. 

44 

44 

Rear-Admirals. 

44 

44 

Captains. 

44 

44 

JUDICIAL— 



Chief Justice of the United States.. 

44 

44 

Justices of Supreme Court. 

44 

44 

Circuit Judges. 

44 

44 

District Judges. 

44 

44 

Judges of Court of Claims. 

44 

44 


Salary 

§7,500 

(i 

H 

12,000 


75,000 

12,000 

12,000 


7,500 

4,500-5,000 

17,500 

10 , 000 - 12,000 

5,000-10,000 

3,000-12,000 

2,000-8,000 

4,000-4,500 

10,000 

Fees t 
“ t 

11,000 

8,000 

G,000 

4,000 

13,500 

6,000-8,000 

4,000 


13,000 

12,500 

7,000 

6,000 

6,000-6,500 


t Besides the fees allowed, these officers are usually paid $200 annually. 

'Fhe S;tlary of'the Secretary «f State.— The selection Of Philander B. Knox, 
then a Senator from Pennsylvania, for Secretary of State in President Taft’s Cabinet caused 
a temporary lednction in the amount of the salary of that official. The Act increasing the 
salary of a cabinet officer from $8,000 to $12,000 was passed during the term for which Mr, 
Knox was elected Senator. This fact made him ineligible under Article I, Sec. 6 of the Con¬ 
stitution. To avoid this Congress reduced the salary of tlie Secretary of State to $8,000. This 
amount was again raised to $12,000 when the term for which Mr. Knox was elected Senator 
expired, on March 4, 1911. 





































CHAPTEE Y. 


THE STATES AND TERRITORIES. 

National Protection. —The United States shall guarantee to 
every State in this Union a republican form of government, and 
shall protect each of them against invasion; and on application of 
the legislature, or of the executive (when the legislature cannot 
be convened) against domestic violence. (Art. IV., Sec. 4.) 

Thus is established permanency to republican institu¬ 
tions, not only in the nation as a whole, but in the vari¬ 
ous States. All the provisions of this section are designed 
to suppress any effort within or without a State to over¬ 
throw its republican government and establish another 
form in its stead. Even if a State itself should desire a 
change in its system of government, it would be the duty 
of the nation to resist such change with all its power, even 
by force of arms. 

Illustrations.—A delicate question as to the power of 
the national government in this capacity arose at the 
close of the Civil War in the case of the seceding States. 
There was one opinion that by the act of secession these 
States had lost all their sovereign rights and were a por¬ 
tion of the territory of the nation. Another opinion was 
that they still possessed these rights. As a result they 
were held under military control until it was assured that 
the state governments were still republican in form and 
strong enough to maintain themselves. 


THE STATES AND TERRITORIES 


171 


The national government is also the natural protector 
of the States in the case of foreign invasion or domestic 
troubles. In the latter instance its power has frequently 
been exercised, particularly in the case of the Dorr Re¬ 
bellion (1842), and later during the great railroad strike 
of 1877, when the state authorities were unable to enforce 
the laws, preserve order or protect property. 

Form of State Governments.—As a result of this pro¬ 
vision there are, besides the national government, as 
many governments, independent so far as their local 
affairs are concerned, as there are States. Each of these is 
a republic with an executive, called a ‘‘ Governor,” who 
resembles the President in his powers and duties, a judi¬ 
cial branch, and a legislative branch consisting of two 
houses similar in organization to the Senate and House 
of Representatives, but with more varied powers than 
those of Congress. 

State Rights.”—The relation of a State to the Union 
was for many years one of the most important questions 
which confronted our statesmen. One class maintained 
that the States could withdraw from the Union at any 
time they desired. The contrary opinion was that, hav¬ 
ing surrendered to the federal government certain sov¬ 
ereign rights, they could not reassume them at their 
own will. For years this discussion engaged the ablest 
minds of the country, and at times nearly led to open 
conflict. The act of the State of South Carolina in resist¬ 
ing the collection of duties during the administration of 
President Jackson was such an instance. At length this 
difference of opinion came to be marked sectionally, civil 
war followed, and the question of secession was settled 


172 


THE FEDERAL GOVERNMENT 


forever. The principle determined by the war is stated 
by Chief Justice Waite as follows: 

All the rights of the States as independent nations were surren¬ 
dered to the United States. The States are not nations, either as 
between themselves or towards foreign nations. They are sov¬ 
ereign within their spheres, but their sovereignty stops short of 
nationality. 

State Comity.—For the sake of uniformity and the pro¬ 
motion of justice between the several States, it was pro¬ 
vided that: 

Full faith and credit shall be given in each State to the public 
acts, records, and judicial proceedings of every other State. And 
the Congress may by general laws prescribe the manner in which 
such acts, records and proceedings shall be proved, and the effect 
thereof. (Art. IV., Sec. 1.) 

This provision does not extend the power of a State 
beyond its borders, but is intended to make valid in all 
parts of the Union the acts of a State in the exercise of 
its lawful powers. Thus, judgments of the courts of one 
State cannot be questioned in any other, and records of 
the title of property are conclusive in every State. If 
this were not so, and if questions once determined could 
be reopened to litigation in other States, the greatest 
confusion and injustice would result from the difficulty 
of presenting evidence to the courts. 

Rights of Citizens.— The citizens of each State shall be entitled 
to all privileges and immunities of citizens in the several States. 
(Art. IV., Sec. 2, Cl. 1.) 

This has been already considered. (See page 98.) It 
was not, however, intended that a person under obliga- 


THE STATES AND TERRITORIES 


173 


tions to a State could free himself by removing to another 
State. For— 

A person charged in any State with treason, felony, or other 
crime, who shall flee from justice, and be found in another State, 
shall on demand of the executive authority of the State from 
which he fled, be delivered up, to be removed to the State having 
jurisdiction of the crime. (Art. IV., Sec. 2, Cl. 2.) 

This demand and surrender are called Extradition,” 
and Congress has provided rules for its exercise. Its 
value is seen in the means it affords of bringing criminals 
to justice. If there were not such a provision, and if it 
were possible for a man by fleeing from the State where 
the crime was committed to escape the penalties attached, 
crimes would increase and every State would become an 
asylum for rogues and criminals from other States. 

Fugitive Slaves, —No person held to service or labor in one 
State, under the laws thereof, escaping into another, shall, in con¬ 
sequence of any law or regulation therein, be discharged from such 
service or labor, but shall be delivered up on claim of the party to 
whom such service or labor may be due. (Art. IV., Sec. 2, Cl. 3.) 

When it was adopted, this was an important provision. 
It was demanded by the delegates of the slave ” States 
as a protection to their property. At that time Massa¬ 
chusetts had prohibited slavery within its borders, and it 
was disappearing in other N’orthern States. It was seen 
that without the existence of the relation of master and 
servant there would be no means of compelling the return 
of a runaway slave who had escaped to a free ” State. 
The enforcement of this provision during the slavery agi¬ 
tation met with great opposition in some places, and was 
often evaded ; and its ‘‘ injustice ” was one of the most 


174 


THE FEDERAL GOVERNMENT 


powerful arguments used by the anti-slavery agitators. 
The Civil War and the abolition of slavery rendered the 
section practically obsolete, for although it included ap¬ 
prentices and others bound to service, it is now of little 
effect. 

Federal Territory. —The Congress shall have power to dispose 
of and make all needful rules and regulations respecting the ter¬ 
ritory or other property belonging to the United States ; and 
nothing in this Constitution shall be so construed as to prejudice 
any claims of the United States, or of any particular State. (Art. 
IV., Sec. 3, Cl. 2.) 

At the time of the adoption of the Constitution the 
vast territory lying between the States and the Missis¬ 
sippi River had, with the exception of a portion belong¬ 
ing to Georgia and North Carolina, been ceded to the 
general government, and very properly power was given 
to Congress to make rules respecting this territory, with 
a proviso protecting the rights of Georgia and North 
Carolina. These States subsequently relinquished their 
claims to this land, and the proviso is now of no effect. 

Acquisition of Territory.—From time to time since the 
adoption of the Constitution large tracts have been added 
to the national domain. In 1803 we acquired by pur¬ 
chase from France the territory then known as Louisiana. 
In 1819 Florida was ceded to us by Spain. Texas joined 
of its own will in 1845, and the Mexican War (1848) and 
Purchase (1853) added the Southwestern territory. Alaska 
was purchased in 1867 from Russia, while more recently 
the annexation of Hawaii (1898) and the cessions follow¬ 
ing the war with Spain (1898) have further increased our 
possessions. The Constitution is silent upon the power 


THE STATES AND TERRITORIES 


175 


to acquire new territory, but on the theory that as a sov¬ 
ereign power the nation possesses all the rights of sov¬ 
ereignty, among which is the right to acquire territory, 
the exercise of this power by the Government has been 
generally acquiesced in. This is particularly true when 
such acquisition has been made by purchase or the con¬ 
sent of the people of the territory annexed, and while 
there has been question as to the right to obtain lands by 
conquest, the prevailing opinion has been favorable to 
the existence of such right. This sentiment is stated very 
clearly by Pomeroy in his Constitutional Law.’’ 

Congress may declare war, and the President, as Commander- 
in-chief, may wage war. One of the most common results of war 
is conquest, and unless the wars of this country are to be carried 
on differently from those of other nations, and unless we are to 
be deprived of the advantages of success, the possibility of con¬ 
quest must be considered as included within the capacity to 
declare and wage war. The President, with the advice and con¬ 
sent of two thirds of the Senate, may make treaties. No kinds of 
treaties are specified, no limitations are placed; the language is as 
broad as possible ; indeed, these international compacts are ex¬ 
pressly declared to be the supreme law of the land. No species of 
treaty is more common than that of cession; and unless we would 
interpolate a restriction which the language of the Constitution 
does not require, and thereby place the United States in a condi¬ 
tion of inferiority to all other countries, we must admit that ter¬ 
ritory may be acquired by treaty. 

And the Supreme Court of the United States, through 
Chief Justice Marshall, has said: 

The Constitution confers absolutely on the government the 
powers of making war and of making treaties. Consequently that 
government possesses the power of acquiring territory either by 
conquest or treaty. 


176 


THE FEDERAL GOVERNMENT 


Congressional Power over Territory.—Over territory so 
acquired Congress has, for a time, exercised exclusive 
control. In order to secure settlers and build up States, 
it has enacted general laws for the sale of lands and the 
making of grants and loans, and has established a system 
for the survey of vast tracts and the regulation of titles. 
But the disposition of public lands is only a small part of 
this power of Congress. It can enact local laws for the 
Territories, regulating the ordinary intercourse of in¬ 
dividuals, the procedure of courts, the chartering of 
railroads, and, in a word, can perform all other legisla¬ 
tive acts which can be done by the legislature of a State. 

Territorial Government.—Congress has not, however, 
continued this local control. From time to time various 
sections have been organized into Territories^ over which 
local governments have been established. The system 
varies in certain details, but in the main it is the same 
in all. The government is republican, and forms a fit¬ 
ting school for subsequent statehood. 

Territorial Officers.—The executive officer is a Governor 
appointed by the President, with the consent of the Sen¬ 
ate, for a term of four years. He must reside in the 
Territory and is Commander-in-chief of the territorial 
militia. He may grant pardons and reprieves and remit 
fines, l)ut his action in these matters is subject to reversal 
by the President. He has also a limited veto power. 
A Secretary is appointed in the same manner and for 
the same term as the Governor, who, besides being the 
custodian of all territorial papers, and the recorder of 
the laws and proceedings of the legislature, performs 
the duties of Governor during a vacancy in that office. 


THE STATES AND TERRITOEIES 177 

There are also a Treasurer, a Chief Justice and Associate 
Justices, District Attorney, Marshal, and Superintendent 
of Education, all appointed by the President and con¬ 
firmed by the Senate. 

Territorial Legislature. —The legislative branch consists 
of two houses, the members of which are elected by dis¬ 
tricts every two years by popular vote. The legislative 
power extends to all rightful subjects of legislation, not 
inconsistent with the Constitution and laws of the United 
States. But no laws can be passed interfering with the 
disposal of the soil. Uo tax shall be imposed upon 
property of the United States. Uor shall the lands or 
other property of non-residents be taxed higher than the 
lands or other property of residents.” But all acts, 
besides being subject to the veto of the Governor, may 
be annulled by an Act of Congress. 

Territorial Judiciary. —The judicial branch consists of a 
Chief Justice and at least two Associate Justices of the 
Supreme Court of the Territory, appointed by the Presi¬ 
dent, and Justices of the Peace elected by the people. 
Each territory is divided into as many Judicial Districts as 
there are Supreme Court Justices, and the Supreme Court 
has both original and appellate jurisdiction. Appeals 
therefrom are taken to the Supreme Court of the United 
States. 

Territorial Citizenship. —The Territories have no part in 
the election of President, nor have they Senators or Rep¬ 
resentatives, though each is entitled to one Delegate to 
the House of Representatives. Of the position of a citi¬ 
zen of an organized Territory, Bryce in his American 
Commonwealth ” says: 

12 


178 


THE FEDERAL GOVERNMENT 


What may be called his private or passive citizenship is com¬ 
plete. He has all the immunities and benefits which an American 
citizen enjoys. But the public or active side is wanting, so far as 
the National Government is concerned, although complete for 
local purposes. 

The District of Columbia.—The government of the Dis¬ 
trict of Columbia differs to such an extent from that of 
the Territories as to require special mention. Congress 
has exclusive control of this District (Art. I., Sec. 8, 
Cl. 17). All laws are made by Congress and enforced 
by a Commission consisting of an officer of the Corps of 
Engineers of the Army of a higher rank than captain, 
and two civilians, citizens of the United States and resi¬ 
dents of the District, appointed by the President with 
the consent of the Senate, for a term of three years. 
The Commission is authorized to make police and other 
municipal regulations, collect and apply taxes to the sup¬ 
port of schools and other public purposes, and exercise 
all the powers usually vested in the governing body of 
cities, but the local taxes are fixed by Congress. The 
Judiciary of the District consist of a Supreme Court with 
a Chief Justice and six Associate Justices, which has 
general jurisdiction of law and equity. From this court 
appeals can be taken to the Court of Appeals of the 
District, consisting of three Judges, to which court is 
also taken any appeal from the decision of the Com¬ 
missioner of Patents. From the Court of Appeals appeals 
may be taken to the Supreme Court of the United States. 

Admission of States.— New States may be admitted by the 
Congress into this Union; but no new State shall be formed or 
erected within the jurisdiction of any other State; nor any State 


THE STATES AND TERRITORIES 


179 


be formed by the junction of two or more States, or parts of States, 
without the consent of the legislatures of the States concerned as 
well as of the Congress. (Art. IV., Sec. 3, Cl. 1.) 

How long a Territory shall remain such is a question 
to be determined by Congress alone, and its action is not 
affected by the population, wealth or the extent of the 
Territory. Political interests, as the retention of party 
power, and national questions, as slavery, have influenced 
the action of Congress to a large extent. For a long 
time there was no uniformity as to the population neces¬ 
sary for admission, and great discrimination has been 
shown from time to time in favor of Territories in which 
it was supposed the sentiment on great questions was the 
same as that of the dominant political party in Congress. 
There is now a rule which provides that no Territory 
will be admitted as a State until it has a population suffi¬ 
cient to entitle it to a representative in Congress. 

Methods of Admission.—States are usually admitted in 
one of two ways. Either Congress passes an ‘ ^ enabling 
act,” by which the people are authorized to adopt a con¬ 
stitution in which certain provisions may be required to 
be inserted, upon performance of which the Territory 
becomes a State ; or, the people of a Territory submit 
a constitution to Congress, and upon its approval the 
Territory becomes a State. 

Limitation.—The limitation placed upon the power of 
Congress to form States was designed as a protection to 
the large States which feared that they might be divided, 
and the small States, which feared that they might be 
consolidated into large States, and is another example of 
the compromises made in the Constitutional Convention. 


180 


THE FEDERAL GOVERNMENT 


GOVERNMENTAL FORMS IN STATES AND TERRITORIES. 


STATES; 

f Legislative | Lower House } 
j Executive -! Governor J 


}■ Elected by the people. 


Judicial 


Appellate Courts 1 , 

Courts of Original Elected by the people or 
Jurisdiction J Governor. 




TERRITORIES; 

■ U. S. Congress 

Legislative ■ Territorial 

Legislature 


Governor 
Secretary 
Treasurer 
District Attorney 
Marshal 

Superintendent of 
L Education 


Executive 


Judicial 


Territories 

become 

States 


Supreme Court -j 


Council 

House of Representatives 
Limited by veto of Governor and act of Con¬ 
gress. 


I Elected by the 
’ people. 


Appointed by President with consent of 
Senate. 


Chief Justice 




Appointed by President 


Justices of 

the Peace 


I" Elected by the people. 

by Act of Congress ( before I „ 

with Constitution adopted ( after ) Congress. 








CHAPTEK YI. 


GENERAL PROVISIONS. 

National Credit.—Credit gives stability in national as 
well as in private concerns. A nation can better lose its 
armies than its credit. In consequence of these truths 
there was inserted in the Constitution a provision that: 

All debts contracted and engagements entered into, before the 
adoption of this Constitution, shall be valid against the United 
States under this Constitution, as under the Confederation. (Art. 
VL, Cl. 1.) 

And later, after the accumulation of an enormous debt 
through the Civil War, an additional pledge was inserted 
in Amendment XIY. that: 

The validity of the public debt of the United States, authorized 
by law, including debts incurred for payment of pensions and 
bounties for services in suppressing insurrections or rebellion, 
shall not be questioned. But neither the United States nor any 
State shall assume or pay any debt or obligation incurred in aid 
of insurrection or rebellion against the United States, or any claim 
for the loss or emancipation of any slave; but all such debts, obli¬ 
gations, and claims shall be held illegal and void. 

The Supreme Law. —This Constitution, and the laws of the 
United States which shall be made in pursuance thereof; and 
all treaties made, or which shall be made, under the authority 
of the United States, shall be the supreme law of the land ; and 
the judges in every State shall be bound thereby, anything in 


182 


THE FEDERAL GOVERNMENT 


the Constitution or laws of any State to the contrary notwith¬ 
standing. (Art. VI., Cl. 2.) 

Every governmental act repugnant to the Constitution 
is null and void. So also with the federal laws and 
treaties, of which the Supreme Court of the United States 
has said; 

In every case of conflict, the Act of Congress or treaty is su¬ 
preme, and the law of the State, though enacted in the exercise of 
uncontroverted powers, must yield to it. 

As between federal laws and treaties, it is the rule 
that the one last made is the superior. 

Oath. —The Senators and Representatives before mentioned, 
and the members of the several state legislatures, and all execu¬ 
tive and judicial officers, both of the United States and of the 
several States, shall be bound by oath or affirmation, to support 
this Constitution ; but no religious test shall ever be required as 
a qualification to any office or public trust under the United 
States. (Art. VI., Cl. 3.) 

Amendments. —The Congress, whenever two thirds of both 
houses shall deem it necessary, shall propose amendments to this 
Constitution, or, on the application of the legislatures of two 
thirds of the several States, shall call a convention for proposing 
amendments, which, in either case, shall be valid to all intents and 
purposes as part of this Constitution, when ratified by the legisla¬ 
tures of three fourths of the several States, or by conventions in 
three fourths thereof, as the one or the other mode of ratification 
may be proposed by the Congress; provided that no amendment 
which may be made prior to the year one thousand eight hundred 
and eight shall in any manner affect the first and fourth clauses 
in the ninth section of the first article; and that no State, ivithout 
its consent, shall be deprived of its equal suffrage in the Senate. 
(Art. V.) 

Ratification. —The ratification of the conventions of nine 
States, shall be sufficient for the establishment of this Constitu¬ 
tion between the States so ratifying the same. (Art. VII.) 


CHAPTEE yn. 


AMENDMENTS. 

Bill of Rights.—The most frequent objection to the 
Constitution, before it was adopted by the States, was 
the absence of any provision asserting and guaranteeing 
the inherent rights of the people. The possibility that a 
strong central government might become as tyrannical as 
that of George III. aroused grave apprehension, and to 
quiet this fear Congress, at its first session, proposed 
twelve amendments and submitted them to the States for 
ratification. Of these, ten were adopted in 1791. The 
first eight constitute what is called the Bill of Rights,” 
a name adopted from the English Bill of Eights. 

Freedom of Religion and Press— Congress shall make no law 
respecting an establishment of religion, or prohibiting the free 
exercise thereof ; or abridging the freedom of speech, or of the 
press ; or the right of the people peaceably to assemble, and to 
petition the Government for a redress of grievances. (Amend¬ 
ment I.) 

The colonization of this country had been largely due 
to the attempts of the people to find freedom of worship, 
and this amendment was intended to guarantee its con 
tinuance. It does not, however, deprive the Government 
of its right and duty to recognize the teachings of re¬ 
ligion ; nor does it deter the Government from abolishing 


184 


THE FEDERAL GOVERNMENT 


polygamy and other immoralities when practiced under 
the guise of religion. This amendment also guarantees 
the right to freely and publicly discuss all questions re¬ 
lating to the conduct and policy of the Government, and 
asserts the right of the people to assemble and petition, 
the denial of which was enumerated among the grievances 
set forth in the Declaration of Independence. It does 
not, however, allow men to injure the reputation of their 
fellows by slander or libel. 

Arms.—A well-regulated militia, being necessary to the security 
of a free state, the right of the people to keep and bear arms, shall 
not be infringed. (Amendment II.) 

Quartering of Troops. —No soldier shall, in time of peace be 
quartered in any house, without the consent of the owner, nor in 
time of war, but in a manner to be prescribed by law. (Amend¬ 
ment III.) 

Both of these provisions were taken from the English 
Bill of Rights, and cover grievances enumerated in the 
Declaration of Independence. 

Searches. —The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches and 
seizures, shall not be violated, and no warrants shall issue, but 
upon probable cause, supported by oath or affirmation, and par¬ 
ticularly describing the place to be searched, and the persons or 
things to be seized. (Amendment IV.) 

This provision is for the protection of the people against 
such abuses as occurred under the Writs of Assistance. 
It does not prevent searches and seizures which are nec¬ 
essary for the recovery of stolen property ; but it places 
the practice under such regulations as to protect all par¬ 
ties in their rights. 


amendments 


185 


Rights of Accused. —No person shall be held to answer for a 
capital, or otherwise infamous crime, unless on a presentment or 
indictment of a grand jury, except in cases arising in the land or 
naval forces, or in the militia, when in actual service in time of 
war or public danger; nor shall any person be subject for the 
same offense to be twice put in jeopardy of life or limb; nor shall 
he be compelled in any criminal case to be a witness against him¬ 
self, nor be deprived of life, liberty, or property, without due pro¬ 
cess of law; nor shall private property be taken for public use, 
without just compensation. (Amendment V.) 

In all criminal prosecutions, the accused shall enjoy the right 
to a speedy and public trial, by an impartial jury of the State and 
district wherein the crime shall have been committed, which 
district shall have been previously ascertained by law, and to be 
informed of the nature and cause of the accusation; to be con¬ 
fronted with the witnesses against him; to have compulsory process 
for obtaining witnesses in his favor, and to have the assistance of 
counsel for his defense. (Amendment VI.) 

Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. (Amendment VIII.) 

These three amendments are intended as a protection 
to persons accused of crime. A capital crime is one of 
such magnitude as to be punishable by death. An tn- 
famous crime is one denoting a depraved mind and pun¬ 
ishable by long imprisonment. 

Indictment.—A grand jury is a body of men selected 
by lot at stated periods from among the citizens of a 
defined district to inquire concerning crimes committed 
within their districts. In most States it cannot consist'^ 
of more than twenty-three nor less than sixteen persons. 
The grand jury usually considers only those cases sub¬ 
mitted to it by an officer of the court, and in secret ses¬ 
sion takes the testimony of witnesses as to the commis¬ 
sion of a crime, and decides whether the evidence is 


186 


THE FEDERAL GOVERNMENT 


sufficient to warrant an accusation. This decision re¬ 
quires the concurrence of twelve men. If it is deemed 
proper, an indictment —that is, a written accusation charg¬ 
ing a person with the commission, of the crime—is pre¬ 
sented to the court, and the person therein accused of the 
offense is held for trial. A presentment is an informal 
accusation of a crime made by a grand jury upon its 
own knowledge in cases not submitted to it by an officer 
of the court. As a preliminary to a criminal prosecution 
the latter has fallen into general disuse in this country. 

Bail .—Bail is the deposit by an accused person of a cer¬ 
tain sum of money with the officers of the court, or a 
bond given by responsible persons to pay a certain sum 
of money to the Government, if the accused does not 
obey the orders of the court, such as to appear for trial. 

Trial.—^The accused is entitled to a speedy and public 
trial, and can demand that it be by a jury, which is a 
body of men selected by lot from the district within 
which the crime was committed, and who are sworn to 
impartially decide the guilt or innocence of the accused. 
Such a jury is called a petit jury. The accused is also 
entitled to know the charges against him, to hear and 
examine the witnesses sworn, and the Government must 
provide him with counsel, if he is unable to do so himself. 
He cannot be compelled to testify, nor can his refusal to 
do so be considered an indication of his guilt. Moreover, 
he can only be tried once for the same offense, unless the 
jury fails to agree or unless he secures a new trial. 

Protection to Property.—Amendment V., besides guar¬ 
anteeing life and liberty to the individual, granted him 
protection in his property rights, but the Government is 


AMENDMENTS 


187 


not deprived thereby of its right to take private property 
for public purposes whenever necessity demands. This 
right of the Government is called the Right of Eminent 
Domain^ and unless it existed individuals might obstruct 
and even prevent necessary public acts. Thus the Gov¬ 
ernment may appropriate property for roads, docks and 
other improvements, but it must pay a fair market value 
for it, which, unless the owner and the officials can agree, 
is determined by a jury of impartial men. 

Jury Trial in Civil Suits —In suits at common law, where the 
value in controversy shall exceed twenty dollars, the right of trial 
by jury shall be preserved, and no fact tried by a jury, shall be 
otherwise reexamined in any court of the United States, than ac¬ 
cording to the rules of the common law. (Amendment VII.) 

Powers Reserved —The enumeration in the Constitution of 
certain rights, shall not be construed to deny or disparage others 
retained by the people. (Amendment IX.) 

The powers not delegated to the United States by the Constitu¬ 
tion, nor prohibited by it to the States, are reserved to the States 
respectively, or to the people. (Amendment X.) 

Eleventh and Twelfth Amendments.—No further amend¬ 
ments were made to the Constitution until 1798, when 
the Eleventh was adopted. (See page 163.) In 1804 
Amendment XII. was added. (See page 123.) 

Slavery.—It was not until 1865 that any further amend¬ 
ments were made, when the slavery question was settled 
by the adoption of Amendment XIII. 

Neither slavery nor involuntary servitude, except as a punish¬ 
ment for crime whereof the party shall have been duly convicted, 
shall exist within the United States, or any place subject to their 
jurisdiction. Congress shall have authority to enforce this article 
by appropriate legislation. 


188 


THE FEDERAL GOVERNMENT 


The Freedmen.—The freedmen thus created were made 
citizens and their rights were defined by Amendment 
XIY. (See pages 61, 96, 99 and 181.) This amendment, 
in order to extend the provisions of the Bill of Rights ” 
to the new citizens, further provided that no State shall 

deprive any person of life, liberty, or property, without due 
process of law, nor deny to any person within its jurisdiction the 
equal protection of the laws. 

Amendment XV., made in 1870, was the final step in 
granting full rights of citizenship to the freedmen. By 
the Thirteenth Amendment their freedom had been recog¬ 
nized. By the Fourteenth they have been declared citi¬ 
zens and their civil rights have been enumerated. The 
Fifteenth extended to them political rights under the 
limitations imposed by the laws of the several States by 
providing that: 

The right of citizens of the United States to vote shall not he denied or 
abridged by the United States or by any State on account of race, color, 
or previous condition of servitude. The Congress shall have power to 
enforce this article by appropriate legislation. 

Object of Amendments. — The province of the amend¬ 
ments is briefly stated by Judge Cooley, as follows: 

The first amendments were for the purpose of keeping the central 
power within due limits at a time when the tendency to centralization 
was alarming to many persons; the last were adopted to impose new 
restraints on State sovereignty at a time when State powers had nearly 
succeeded in destroying the national sovereignty. 


RIGHTS OF CITIZENS 


189 


CONSTITUTIONAL RIGHTS OF PRIVATE CITIZENS. 


Private Rights, “ Bill of Rights.” 

[ Religion. 

Freedom of ■< Speech. 

( Press. 

Right to bear arms. 

' Quartering troops. 


Prohibiting 


Right, if accused 
of a crime 


Right to Jury 

Trial in 

Right to 

Public Rights. 

r Prohibiting 

i 

{ Not to deny 
right to vote 
on account of 


Search warrants (general). 

r Houses. 

Confiscation of •< Papers. 

( Effects. 

To be indicted by Grand Jury. 

I Twice tried for same offense. 


Not to be 
To have 


Compelled to testify, 
j Speedy and ) . , 

( Public f 
To be confronted by ) 

To compel attendance of j ^ nesses, 
f Required excessive bail. 

Not to be K Cl T, • J. J. ( cruel or ) Punish- 
) Subject to ■< T } , 

( ( unusual ) ments. 

( Criminal ) 

( Civil j 

\ Liberty ^ deprived by 

( Property 


Actions. 


due process of law. 


j Slavery. [ment for crime. 

( Involuntary servitude, except for punish- 
Race. 

Color. 

Previous condition of servitude. 







PAKT FOURTH. 


PRINCIPLES OF LAW. 

CHAPTER I. 

INTERNATIONAL LAW. 

Definition.—International Law, or the Law of ISTations, 
in its commonly accepted meaning, is the code of rules 
which civilized nations recognize by consent and usage as 
that which should govern their mutual intercourse. In 
a more general sense it comprises those principles of nat¬ 
ural right and justice which should regulate international 
conduct. 


/. RULES IN TIME OF PEACE, 

Divisions.—Rules in time of peace may he divided into 
four classes—those relating to (1) Sovereignty, (2) Terri¬ 
tory, (3) Aliens and (4) Intercourse. 

1. Sovereignty. 

Recognition of Sovereignty.—Every state or nation is 
independent and sovereign, and the equal in that respect 
of every other state in the world, without regard to the 
extent, power or character of its government. In a 
nation with a federal form of government, this rule ap¬ 
plies to the central government alone. 


RULES IN TIME OF PEACE 


191 


Intervention.—It is a violation of a nation’s sovereignty 
to interfere with its domestic affairs or to intervene in case 
of civil war. However, in extreme cases, intervention is 
considered justifiable upon the ground of humanity, as 
when a government is conducting a war with great 
cruelty, or to ‘^maintain the balance of power,” as 
where a nation whose increase of power may become a 
menace to its neighbors is restrained in its aggression 
upon a weaker state. This has often happened in Europe. 
Of somewhat the same character was the Monroe Doc¬ 
trine, promulgated in 1823, which declared that the 
United States would ‘‘ consider any attempt on the part 
of the allied European powers to extend their system to 
any portion of our hemisphere as dangerous to our peace 
and safety.” 

2. Teekitoey. 

Definition.—The land over which a state has exclusive 
political control is its territory, and its rights of govern¬ 
ment are called territorial rights. Such territory may 
be acquired either by discovery and occupation, by pos¬ 
session for a long time, by conquest or by gift or pur¬ 
chase. The transfer of territory from one nation to 
another is termed cession. A state bounded by the 
ocean, or high seas, possesses territorial rights over a 
strip of water three marine miles wide extending along 
its coasts and over the sea between adjacent head¬ 
lands. Such a strip of sea is termed territorial waters. 
Rivers flowing between two states belong to both, but 
rivers passing from one state into another are part of 
the territory of each state while within its boundaries. 


192 


PEINCIPLES OF LAW 


The ships of a nation in the territorial waters of another 
nation must obey its laws, but on the high seas they are 
subject only to the laws of their own country. 


3. Aliens. 

Definition .—Aliens are persons within a country other 
than that to which they owe allegiance. They are gen¬ 
erally subject to the laws of the state where they are, but 
this rule does not apply to sovereigns, their diplomatic 
representatives, or to the ships of war and military forces 
of other states. 

Rights.—A domiciled alien —that is, one having a resi¬ 
dence or a domicile—cannot usually own land or take 
part in the government, but he may hold other property, 
make contracts and claim protection of the courts, and is 
subject to taxation and to the requirements usually im¬ 
posed upon citizens. Aliens, however, who are travelers 
only, are exempt from many of these duties and are 
entitled to special privileges. 

Naturalization.—An alien may become a citizen of the 
country of his domicile by taking an oath of allegiance 
to the government. This is called naturalization^ and 
nearly all nations now recognize that this act severs the 
relationship of the person with the country to which he 
formerly owed allegiance. This severance of relationship 
is called expatriation. 

Criminals and Extradition.—Aliens who are fugitives 
from justice are subject to special rules. If their crimes 
are of a political nature they will not generally be given 
up on the demand of another government, but if they 


RULES IN TIME OF PEACE 


193 


have committed felonies, they are usually surrendered to 
the state in which the crime was committed. This is 
called extradition. 


4. Intekcourse. 

Treaties.—The most important duty devolving upon 
diplomatic representatives (see page 132) is the negotiation 
of treaties. The usual subjects of treaties are peace and 
friendship, commercial privileges, postal service, extra¬ 
dition, fisheries, boundaries, annexation and the settle¬ 
ment of claims. There are also treaties which establish 
Joint High Commissions, Mixed Commissions and Tribu¬ 
nals of Arbitration for the settlement of controversies. 

International Commissions and Arbitration.—A joint 
high commission is constituted of an equal number of 
commissioners from each country, and matters upon which 
they may disagree are usually submitted to an umpire, 
named by the two interested governments or by the chiel 
magistrate of another nation, and the decision of the 
umpire is final. In some instances the umpire sits with 
the commissioners during their sessions, in which case 
the body is termed a mixed commission. A tribunal 
of arbitration is generally distinguished from a mixed 
commission by the importance of the subject submitted 
to it, and because more than one nation besides the par¬ 
ties to the controversy appoint arbitrators. International 
arbitration is becoming more and more employed by gov¬ 
ernments, and all questions in dispute are considered 
proper for arbitration except those that involve a nation’s 
honor or dignity, such as an insult to its flag or official 
representatives. 

13 


194 


PEINCIPLES OF LAW 


2. RULES IN TIME OF WAR. 

War.— War is a public contention between two gov¬ 
ernments through the agency of their armies and navies. 
An insurrection which is not sufficient to support a form 
of government is not a war, but when the insurgents are 
strong enough to maintain a government, an uprising of 
this character becomes a civil war. 

Condition of States between Peace and War.—When a 
nation has suffered a wrong for which satisfaction is 
refused, it may, before an actual appeal to arms, employ 
reprisal or embargo to obtain redress. A rejprisal is the 
seizure and retention of the ships and property of the 
citizens of an offending state until satisfaction is accorded. 
An erribargo is the detention by a nation of the ships and 
cargoes within its ports. It is the duty of a government, 
before commencing war, to exhaust every means to obtain 
a peaceful settlement of the difficulty. The last demand 
for satisfaction which is made upon an offending state is 
termed an ultimatum. It is usually peremptory in style, 
and limits the time for compliance, and if the other nation 
refuses to agree to its terms, war follows. The com¬ 
mencement of a war divides nations into two classes, 
those who are actually engaged in the war, called bel¬ 
ligerents (war-wagers), and those who are not, called 
neutrals (neither-sided). 

3. OBLIGATIONS OF BELLIGERENTS TO EACH OTHER. 

Treaties.—As a rule, all treaties between two contend¬ 
ing nations are abrogated or abolished by the commence¬ 
ment of war, but a treaty relating to the method of 


OBLIGATIONS OF BELLIGERENTS 


195 


conducting hostilities and those which recognize a state’s 
independence or fix its boundaries are not affected. 

Citizens.—Theoretically, all the citizens and residents 
of belligerent states, as well as the governments, are 
hostile to each other, and they are liable to detention 
and their goods to seizure ; but this rule has been much 
modified by the growing sentiment against causing non- 
combatants to suffer for the public wrongs done by their 
government. 

Conduct of Hostilities.—The rules of civilized warfare 
are intended to lessen as much as possible the horrors and 
sufferings which it inflicts upon the individual. The 
most important rules prohibit a belligerent from: 

1. The employment of savages against an enemy ; 

2. The unnecessary infliction of suffering to the people 
and injury to the private property of an enemy, as in the 
case of massacre and pillage ; 

3. The inhuman treatment of prisoners ; 

4. The confiscation of private property, except when 
justified by necessity ; 

5. The use of poison and poisoned weapons. 

Communications.—The communications between hostile 

armies are carried on by means of of truce and 

cartels. The first are employed for any communication 
between belligerents, while the latter are agreements for 
the exchange of prisoners. 

Rules on Sea.—The restrictions imposed upon a bellig¬ 
erent apply chiefly to hostilities upon land, and have not 
been so generally applied to naval operations. The ves¬ 
sels and cargoes owned by the citizens of an enemy may, 
therefore, be seized by a hostile government. Letters of 


196 


PEINCIPLES OP LAW 


inarque and reprisal are commissions issued to vessels 
termed privateers fitted out by private citizens, which, 
entitle them to capture the vessels belonging to the citi¬ 
zens of an enemy. Privateering has, however, fallen 
into general disuse since 1856, when it was discontinued 
by the European nations under the ‘‘Agreement of 
Paris.’’ 

Capture and Prize.—The seizure of an enemy’s ship or 
cargo is termed capture^ and the property is called prize. 
The title to a prize does not pass to the captor until it has 
been decreed by a court, known as a prize court, which 
is given jurisdiction in such cases by the belligerent gov* 
ernment. 

Truce, and Termination of War.—Hostilities may be 
temporarily suspended for a definite time by an agreement 
termed a truce or armistice. A war is terminated and 
peace restored by a proclamation of sov^ereignty by the 
conquering nation or by a treaty between the belliger¬ 
ents. A treaty of peace usually contains agreements as 
to the disposal of prisoners, the withdrawal of military 
forces, the cession of territory, the payment of indemnity 
and other subjects of a like nature. 

4. OBLIQATJONS OP NEUTRALS AND BBLLIQERBNTS 
TO EACH OTHER. 

Recognition of Belligerency.—A state of neutrality ex¬ 
ists only when there is a war. It is important, therefore, 
for a nation to determine whether an armed contention 
is a civil war or an insurrection. This may be shown by 
the acts of a government in relation to its rebellious citi- 


OBLIGATIONS OF NEUTRALS AND BELLIGERENTS 197 

zens, such as the proclamation of a blockade of insurgent 
ports or official negotiations with the insurgent govern¬ 
ment. Under these circumstances other governments 
will recognize the belligerency of the rebels. So, also, 
a nation will recognize the belligerency of insurgents 
when it is convinced that they have established a stable 
and responsible government. It is the duty of neutrals 
to act with impartiality towards both belligerents. They 
must not permit the enlistment of men for the armies or 
navies of either belligerent. They must not allow the 
ships of either to be built or fitted out in their ports, nor 
must they loan money to either. The citizens of a neutral 
nation are also prohibited from carrying contraband of 
war and from attempting to break a blockade. 

Contraband of War .—Contraband of war comprises arti¬ 
cles which may be employed in carrying on war, such as 
arms, munitions, ships, beasts of burden, and in some 
cases even money and provisions ; and belligerents pos¬ 
sess the right to seize such articles when found in a neutral 
ship, unless in the waters of a neutral nation. The ves¬ 
sel and the remainder of the cargo, however, are ex¬ 
empted from seizure unless they belong to the owner of 
the contraband goods. 

Blockade.—A blockade is the right to prevent and 
make unlawful aU trade and intercourse with certain 
specified ports or portions of the enemy’s coast. It is 
enforced by means of a fieet which intercepts vessels 
which attempt to enter or leave the blockaded territory. 
As blockade is purely a war right, a nation cannot block¬ 
ade its own ports ; and therefore, in the case of an insur¬ 
rection, the proclamation of a blockade of coasts held by 


198 


PRINCIPLES OF LAW 


insurgents is a recognition of their belligerency. Any 
attempt to violate a blockade subjects a ship to capture, 
provided that the blockade is actual —that is, that there 
is sufficient naval force present to maintain it; that the 
offending neutral had knowledge that a blockade existed ; 
and that there was an attempt to run the blockade.” 

Visit and Search.—In order to make the rules as to con¬ 
traband of war and blockade effective, a belligerent pos¬ 
sesses the right of visit and search^ by which its cruisers 
are authorized to stop and examine ships on the high seas 
for the purpose of ascertaining their nationality, destina¬ 
tion and the character of their cargoes. And to this 
right neutrals must submit. 


INTERNATIONAL LAW. 


RULES IN TIME OF PEACE. 


Sovereignty: 

' Recognition of 
Sovereignty 



Intervention 


Territory: 



Gift or purchase. 


Discovery and occupation. 


Rights over 





INTERNATIONAL LAW 


199 


Aliens; 


r 

Exempt from 
Rules 


< Domiciled 

Temporarily j 
Resident \ 
Naturalization. 

^ Extradition. 


Sovereigns. 

Diplomatic representatives. 

Public ships. 

Military forces. 

C Hold personal property. 
Rights to < Make contracts. 

( Appeal to courts. 

Duties—those of a citizen. 

Rights—special privileges. 

Duties—obedience to laws. 


Intercourse: 


Diplomatic 

Channels 


Treaties 


‘Arbitration 




f Ambassadors. 

(Ministers. 

Diplomatic Agents. 
Charges d’Affaires. 

' Peace and friendship. 
Commercial privileges. 
Postal service. 
Extradition. 

Annexation. 

Fishery rights. 
Boundaries. 

^ Claims. 

I Joint High Commissions. 
< Mixed commissions, 
r Tribunals of arbitration. 








200 


PRINCIPLES OP LAW 


RULES IN TIME OF WAR. 


Acts prior to 
Actual War 


Reprisals. 

Embargoes. 

Ultimatum. 


I. Obligations of BELLIGERENTS to Each Other. 


Effects on Relations: 


Public 

Private 


Treaties 

Liability 


) Not abrogated, when final. 
Abrogated, when not final. 

{ Detention of person. 
Seizure of property. 


Conduct of Hostilities on Land: 

Employment of savages. 
Massacre and pillage. 
Inhumanity to prisoners. 
Confiscation of private property. 
Use of poison. 

Flags of truce. 

Cartels. 

Conduct of Hostilities at Sea: 

Capture and j by public ships. 

Prize I by privateers. 


Hostile Acts 
Prohibited 

Communica- j 
tion by j 


Cessation of Hostilities; 

Truces. 


Termination of War—by Treaty; 


Subjects 
of Peace 
Treaties 


' Disposal of prisoners. 

Withdrawal of troops. 

- Cession of territory. 

Payment of indemnity. 
^ Etc., etc. 






INTERNATIONAL LAW 


201 


II. Obligations of NEUTRALS and BELLIGERENTS to 
Each Other. 


Belligerency; 

Recognition of • 

Neutrality; 

Violation of 

Neutral Trade 


By act of other 
belligerent 

By neutral. 


By neutral 

nation 



To carry 

contraband S 
of war 

Prohibitions 


To break a ) 

blockade when i 

, Visit and Search. 


r Proclamation of blockade. 
•< Negotiations with other 
( party. 


Enlistment of men. 
Fitting out ships. 
Loaning money. 


Arms. 

Munitions. 

Ships. 

Beasts of burden. 

Money and provisions (in 
some cases). 

Blockade is actual. 

Neutral had knowledge 
Attempt to break it. 







CHAPTER ri. 


MUNICIPAL LAW. 

Definitions.—Municipal Law consists of those rules of 
conduct prescribed by the supreme power of a state to 
regulate the relations between the state and its citizens, 
or between the citizens themselves. It is either written or 
unwritten. The unwritten law of this country comprises 
Common Law and Equity (see page 162). The written 
law of the United States consists of the Federal Consti¬ 
tution, the Acts of Congress and Treaties. The written 
law of a State consists of its constitution and statutes. A 
statute is a law established by the legislature of a State. 

Object.—The object of Municipal Law is to protect 
rights and punish wrongs. Rights are of two kinds— 
political and ciril (see page 4). So, also, wrongs are of 
two kinds—public, or crimes^ and private, pr torts. 

/. CIVIL RIGHTS. 

1. Absolute Rights. 

Personal Security.—This includes the right of life^ the 
violation of which is one of the gravest of crimes ; and 
the right of reputation —that is, the favorable opinion of 
others—defamation of which, if oral, is slander., and if 
by writing or printing, libel. 


CIVIL RIGHTS 


203 


Personal Liberty.—This is the natural right of every 
person to move about or remain at rest, except as he is 
restrained by law. 

Personal Property.—This is the natural right of every 
person to acquire, use and dispose of property in any 
manner save as he is restrained by law. Property is that 
which can be exclusively owned or enjoyed, as a horse, 
a house, or land. But air, light and the unconfined 
forces of nature, although capable of enjoyment, are not 
property. 

Divisions of Property.—Property is divided into real 
and personal. Real property is that which is considered 
immovable, as land. Personal property^ also called chat¬ 
tels^ is that which is considered movable, as horses and 
machinery. Eeal property includes lands and certain 
rights connected with the use of land, such as a right 
of way^ or passage over the lands of another; a fremchise^ 
or the right to exercise certain privileges, such as to build 
and manage railroads; and rent^ or the right to receive 
a regular profit from lands. Personal property consists 
of tangible movable objects, of certain minor rights con¬ 
nected with real property, and of such property as stocks, 
promissory notes, copyrights and debts. 

Estates in Real Property.—The interest of a person in 
property is called an estate. Estates in real property are 
real estate., which is a permanent and unending interest, 
and personal estate, which is one with some termination. 
Real estates in real property are of two kinds—an estate 
in fee, which gives the owner power to absolutely dispose 
of the property, and which, if not disposed of, descends to 
his heirs ; and an estate for life, which gives the owner 


204 


PRINCIPLES OF LAW 


power only to use the property during his life or during 
the life of another. Among the most important life 
estates is an estate in dower^ which is one that a surviv¬ 
ing wife has in one third of the real property owned by 
her husband at any time during their married life, and 
which was not disposed of with her consent. 

Leases.—The most important personal estate in real 
property is an estate for years, which begins and ends at 
specified dates and is created by an instrument called a 
lease. The lessee or tenant does not own the land, but 
has the right to its use during the term of the lease. He 
is usually required to make ordinary repairs to the prem¬ 
ises, and to pay to the lessor or landlord a fixed amount 
for the use of the premises, called rent. If the tenant 
does not pay his rent as agreed, the landlord may cause him 
to be removed from the premises. This is called eviction. 

Estates in Personal Property.—Estates in personal prop¬ 
erty are of two kinds— absolute, one that cannot be de¬ 
stroyed without the act of the owner ; and qualified, one 
that can be destroyed or lost without the act of the 
owner, such as that in wild animals. 

Title.— Title is the right of ownership of an estate. 
Titles to real property are of two kinds—by descent, as 
where an heir inherits the estate from his ancestor ; and 
hj jpurchase, which includes all other means of acquisi¬ 
tion. The most common title by purchase is that created 
by act of the parties, which includes title by grant and 
title by devise. Title by grant is either public —that is, 
a title from the United States or a State by an instru¬ 
ment called a patent / or private —that is, from another 
person by a written instrument called a deed. Title by 


CIVIL RIGHTS 


205 


devise is that obtained by a written instrument called a 
XC'hl/J/, 

Title to personal property may be acquired either by 
the sole act of the oioner, such as that in property which 
a person produces, or in a wild animal which he cap¬ 
tures ; by ojperation of law, such as that acquired in the 
personal property of a relative who died without leaving 
a last will and testament; and by the joint act of the 
'present and for'mer owners, such as that created by a gift, 
last will and testament or contract. Title hy gift is that 
which a person has in property gratuitously transferred 
to him. Title hy last will and testament is that by which 
one becomes the owner of personal property of a deceased 
person by the last will and testament of such person. 
Title hy contract is that by which a person becomes the 
owner of personal property through its voluntary trans¬ 
fer to him by another for some consideration. 

Contracts.—A coni/ract is an agreement between two or 
more persons to do or not to do some thing. Four con¬ 
ditions are necessary to a complete contract: (a) Parties 
able to contract; (b) a sufficient consideration ; (c) a sub¬ 
ject to be contracted for ; and (d) an actual agreement, 
or, as it is called, a meeting of the minds.’’ 

Parties.—Parties able to contract must be of full age. 
Contracts by minors, except for necessary articles of sup¬ 
port, are not binding upon them. They must be of full 
understanding. Contracts made with idiots or others de¬ 
prived of their minds are of no effect, as against them. 
They must also be free to contract. Any agreement 
made by a person under restraint or force is not binding 
upon him. 


206 


PRINCIPLES OF LAW 


Consideration.—A consideration is (a) something of value 
to the person receiving it, or of detriment to the person 
giving it, (b) love and affection existing between a parent 
and child or husband and wife, or (c) mutual promises made 
between persons at the same time. 

Subject.—The subject of a contract must be something 
real, as property, service or labor. It must also be law¬ 
ful and moral. Contracts for smuggling or other unlaw¬ 
ful acts are not binding. 

Classes of Contracts.—Contracts are either oral —that is, 
by word of mouth—or written. Written contracts are 
either under seal—that is, with a seal affixed to the sig¬ 
nature—or without seal. The most common forms of 
contracts under seal are deeds and mortgages. 

Deeds.—A deed is defined as a writing, signed, sealed 
and delivered between the parties. It is the instrument 
by which private grants of land are made. The person 
making the deed is called the grantor; the person to 
whom it is made, the grantee. A deed must name the 
parties, describe the consideration, the property and 
estate conveyed, and contain the signature and seal of 
the grantor. The most common deeds are quitclaim 
deeds, by which the grantor disposes merely of his inter¬ 
est in the property, and warranty deeds, by which the 
grantor guarantees that he is the owner of the property 
and promises to protect the grantee in his possession. 
The execution of a deed is the actual signing and aiOS^xing 
of a seal. In most States, before a deed can be placed on 
record, the grantor is required to acknowledge that he 
executed the deed before an officer, such as a judge, jus¬ 
tice of the peace or notary public, who must certify to 


CIVIL EIGHTS 


207 


the fact in writing upon the instrument. The deed so 
executed and acknowledged is of no effect unless it is 
actually delivered to the grantee. 

Mortgages .—Mortgages resemble deeds in that they are 
transfers of interest in real property, and require the 
same formality in their execution, acknowledgment and 
delivery. They do not, however, constitute actual trans¬ 
fers of the title, like deeds, but only a claim to the prop¬ 
erty as security for the payment of some indebtedness. 
A mortgage must contain a description of the parties, 
called the mortgagor and mortgagee^ the consideration, the 
property mortgaged, and, among other things, a clause 
stating that the grant is made as security for the pay¬ 
ment of some indebtedness, with the terms of payment, 
and that upon such payment the grant becomes void. 
Mortgages usually accompany honds, which are obliga¬ 
tions to pay certain moneys at certain times. They are 
then spoken of as collateral security^ because they can 
only be enforced in case the conditions of the bond are 
not fulfilled. A mortgage is enforced by foreclosure^ 
which is a legal remedy by which the property described 
in the mortgage can be sold and the proceeds applied to 
the payment of the debt. It is usual in the case of both 
deeds and mortgages for a wife to join in the execution 
with her husband. In this way only is the property 
relieved of her dower interest which she has in it by 
reason of the marriage. 

Protection to Grantees and Mortgagees.—For the pur¬ 
pose of avoiding difficulties it is customary for grantees 
and mortgagees to require with the deed or mortgage 
a search or abstract of title, which is a synopsis from 


208 


PRINCIPLES OF LAW 


the public records, extending over a number of years and 
showing the source and character of the title of the 
grantor or mortgagor to the property. For further prO' 
tection deeds and mortgages are usually recorded^ that is, 
copied in full in the office of the County Clerk or Kegis- 
trar of Deeds of the county where the property is situ¬ 
ated. If not so recorded, the grantee or mortgagee is 
liable to lose the interest granted to him, for it is a rule 
of law that if there be two or more deeds or mortgages 
upon the same property, the one first recorded takes pref¬ 
erence over all the others without regard to its date. 

Chattel Mortgages.—A chattel mortgage is a mortgage 
upon personal property, given as security for the pay¬ 
ment of an indebtedness. This does not have to bo 
recorded, but for protection it is usual to file, that is, 
deposit a copy in the office of the Clerk of the Town 
where the property is. 

Other Written Contracts.—Contracts in writing, not 
required to be under seal, are: (a) Contracts to sell any 
interest in lands ; (b) contracts for services that cannot 
be performed within a year ; (c) contracts for the pur¬ 
chase and sale of personal property exceeding in value 
a certain amount, usually fifty dollars ; (d) contracts to 
be responsible for the debt of another. The last is known 
as guaranty, and the person making such guaranty is 
called a guarantor. 

Sale.—A contract of sale is one by which tho ownership 
of personal property is transferred to another for a money 
consideration. The person making the sale is called the 
vendor; the purchaser, the vendee. Among the rules 
governing sales are the following: (a) If the goods are 


CIVIL RIGHTS 


209 


sold by sample, they must be as good as the sample; 
(b) if the goods are ordered for a particular purpose, 
known to the vendor, they must be suited to the pur¬ 
pose; and (c) in the sale of foods they must be whole¬ 
some. 

Bailment.—A contract of bailment is one by which the 
possession of personal property is transferred from one 
person, called the bailor^ to another, called the bailee, for 
some purpose, to be returned when the purpose is accom¬ 
plished. The most important bailment is called locatio, 
and is the delivery of an article to the bailee for Ms use 
upon compensation to the bailor or for the performance 
of labor upon an article by the bailee upon compensation 
from the bailor. The hiring of horses, the repairing of 
a watch by a watchmaker, the transportation of goods 
by railroad companies and the care of property by inn¬ 
keepers are instances of locatio. 

Agency.—A contract of agency is one by which a person 
appoints another to act for him in some business trans¬ 
action. The person making the appointment is called 
thQ principal; the person appointed, the agent Agents 
X are of two kinds —general, who perform all the business 
of the principal at a particular place ; and special, who 
are employed for some particular purpose. Among the 
rules governing agency, the most important one is that 
any contract or act of the agent within the line of his 
employment is binding upon the principal. 

Partnership.—A contract ot partnersMp is one by which 
two or more persons unite their labor or property or both 
in some business in which they agree to share the losses 
and divide the profits. In this relation the partners own 

14 


210 


PEINCIPLES OF LAW 


in common all the property, and each partner is the agent 
of the partnership. For the debts of the partnership, 
not only the common property, but the individual 
property of the partners is liable after the partnership 
property is exhausted. 

Corporations.—A corporation is a body of individuals 
created by law under a special name, with the power of 
acting as a single individual. Corporations are either 
piiblic, as a city or county, ovprivate^ as those organized 
for religious, charitable, social, manufacturing and busi¬ 
ness purposes. Their usual powers, derived from gen¬ 
eral laws or a special act, called a charter^ are to sue and 
be sued ; to purchase and own lands and chattels ; to 
make by-laws for their government; to remove members 
and elect others in their place or in place of those who 
may die. Besides these, exceptional privileges, such as 
to erect telephone poles or lay pipes, are sometimes given 
to a corporation. This is called a franchise. The capi¬ 
tal of a manufacturing or business corporation is divided 
into shares of stock, and those who own the shares are 
called members or stockholders. The stockholders elect 
some of their number directors or trustees^ to carry on the 
affairs of the corporation, and these, as a hoards choose 
its officers. The liability of stockholders, directors and 
officers for the debts of a corporation are fixed by statute. 

Insurance.—A contract of insurance is one by which 
a person or corporation, in return for certain compensa¬ 
tion, known premium., undertakes to indemnify another 
against loss or injury. Fire and marine insurance cover 
losses sustained by fire or the mishaps of shipping. Life 
insurance is a contract by which the insurer agrees to 


CIVIL RIGHTS 


211 


pay a certain sum to the insured after the expiration of 
a fixed time, or to his representatives at his death. The 
contract of insurance is contained in an instrument called 
^jpolicy, which also contains a description and facts rela¬ 
tive to the insured person or property, known as the rish^ 
and any misrepresentations on the part of the insured at 
the time of making the contract will release the insurer 
from liability. 

Indorsement.—A contract of indorsement is one by 
which a person agrees that he will pay the amount of 
a negotiable paper to its holder when due, if the maker 
does not. Indorsement consists in the writing by a 
person of his name across the back of the instrument. 
Negotiable paper consists of promissory notes, bills of ex¬ 
change, checks, etc., when they are payable to some per¬ 
son or ‘‘bearer” or “order.” A promissory note is a 
promise in writing to pay a certain sum of money at a 
certain time. The party signing the note is the maker; 
the person to whom it is payable, the payee. A bill of 
exchange.^ also called a draft., is an order in writing by 
one person upon another to pay a certain sum of money 
to a third person either upon presentation or at some 
time after date of presentation. The person upon whom 
such order is made is not liable therefor until he accepts 
it —that is, promises in writing upon its face to pay it. 
He is then called an acceptor^ and becomes the principal 
debtor. A check is a written order upon a bank to pay 
to a person named a sum of money and charge the same 
to the account of the person making the check. To fix 
an indorser’s liability the negotiable paper must be pre¬ 
sented for payment, at the time it becomes due, at the 


212 


PRINCIPLES OF LAW 


place where it is payable. If payment is refused, the in* 
strument {^protested —that is, non-payment is certified— 
usually by a notary public, and notice of this fact must 
be given at once to the indorser. 

Liens.—A lien is the right of a person to retain posses¬ 
sion of the property of another until certain demands are 
satisfied. Among those entitled to this right are inn¬ 
keepers and railroad companies for their services upon 
the property which they have cared for or carried. They 
may sell the property and apply the proceeds to the pay¬ 
ment of the claims. Mechanic's liens are those held by 
contractors, mechanics and others who furnish labor and 
materials for buildings. They are governed by statute, 
and can only be enforced by legal proceedings similar to 
the foreclosure of a mortgage. 

Remedies for Violation of Contracts.—If there is a viola¬ 
tion of a contract, the injured party has a remedy by 
legal action by which he can compel the performance of 
the contract or can recover money damages for the injury 
he has sustained. 

Wills and Testaments.—A last will and testament is an 
instrument, usually required to be in writing, by which a 
person disposes of his property, to take effect after his 
death. Only persons of full age and mental capacity can 
make wills of real property, but in some States certain 
minors can so dispose of personal property. (A per¬ 
son dying without a last will and testament is said to die 
intestate.') It is necessary that the instrument be signed 
by the maker, called the testator^ who in most States 
must acknowledge such act, with the statement that it 
is his last will and testament, in the presence of two or 


CIVIL RIGHTS 


213 


more witnesses, who are not interested in the will, and 
who then sign, in the presence of each other and the 
testator, a statement of such execution and acknowl¬ 
edgment. Changes are sometimes made in wills and 
testaments, by instruments called codicils^ which must 
be executed with the same formalities as the original 
instruments. A will and testament becomes effectual 
upon the death of the testator, unless it has been de¬ 
stroyed by his direction or has been expressly revoked 
by a subsequent will. After the death of the testator 
the will and testament are proved, or probated^ before a 
surrogate or probate judge, and the real property passes 
at once to those entitled to it. The affairs of the estate 
are settled, and distribution of the personal property 
is usually made by a person named in the will, called an 
executor. When a person dies intestate his real property 
passes directly to his heirs, and his affairs are settled and 
his personal property is distributed by an officer appointed 
by the surrogate, called an administrator. 

2. Relative Rights. 

Husband and Wife.—The contract of marriage is regu< 
lated by statute in the several States, but as a rule the 
following persons are debarred: (a) Males under fourteen 
and females under twelve years of age ; (b) persons hav¬ 
ing another husband or wife living ; and (c) persons re¬ 
lated to each other within certain degrees. The mutual 
promises of the parties constitute the consideration. In 
some States a license issued by an official is required before 
a marriage can be celebrated. Divorce is the judicial 
termination of a marriage contract; the grounds upon 


214 


PKINCIPLES OF LAW 


which it is granted are fixed by statute. In the mar¬ 
riage relation the husband is considered the head of the 
family. He can determine the place of abode and can 
compel the wife’s return if she leaves him without cause. 
He is required to support and protect her, and in the 
buying of articles for the home the wife is considered the 
agent of the husband, so long as she lives with him ; but 
he is released from all obligations of this character if she 
leaves him without cause. 

Parent and Child.—Children owe to their parents obe¬ 
dience and service during their minority. Parents are 
obliged to protect the child, provide necessary food and 
clothing, and educate him according to his station in life. 

Guardian and Ward.—A guardian is one who has the 
care of the person or property of a minor, called a ward. 
A guardian of the person is entitled to obedience, but not 
service. A guardian of the property must support and 
educate the ward according to the ward’s station and 
property. He cannot make any profit out of the prop¬ 
erty for himself, and is liable for any loss occasioned by 
his negligence. 

Master and Servant.—A master is one who by virtue of 
a contract has authority over another person, called a 
servant. Servants are of two kinds— apprentices^ or those 
placed under the authority of another for the purpose of 
learning some trade ; and hired servants, or those who 
engage to render services in return for wages. The mas¬ 
ter is entitled to obedience and service during the term 
of the contract. The servant is entitled to receive the 
agreed wages during the time of the contract, unless he 
leaves or is discharged for cause. 


WRONGS 


215 


2, WRONGS, 

1. Tokts. 

Torts.—A tort is the intentional and wrongful doing 
or not doing of some act by which another is injured. 
The most common torts are slander, libel, fraud and 
assault. Slander is the willful injury of the reputation 
of another by spoken language. Libel is the willful in¬ 
jury of the reputation of another by writing, printing, 
engraving or other permanent form. Libel is also a 
crime. Fraud is a false representation, made with the 
intent to deceive, and resulting in actual injury. Assault, 
which is also a crime, will be defined later. 

2. Crimes. 

Definitions.—A crime is an act or omission forbidden 
by law and punishable by death, imprisonment, fine or 
other penalty. A felony is a crime punishable by death 
or imprisonment in a state prison. All other crimes are 
misdemeanors. Two elements are necessary to constitute 
a crime—the criminal intent and the criminal act. A 
principal is one who commits the crime, or one who is 
present aiding and abetting the act. An accessory is one 
who, not present, yet aids and abets the commission of 
a felony, or one who, with knowledge of the crime, aids 
the offender to avoid arrest and punishment. In the 
commission of treason and misdemeanors all the wrong¬ 
doers are principals. 

Crimes against the State.—The principal crimes against 
the State are treason, illegal voting, bribery, aiding 


216 


PRINCIPLES OP LAW 


escape of prisoner, counterfeiting, forging, perjury and 
influencing another person to swear falsely, which is 
called subornation of perjury. 

Crimes against Persons; Suicide.—The principal crimes 
against persons are suicide, homicide, assault, robbery 
and libel. Suicide is the intentional taking of one’s own 
life. The attempt to commit suicide is also a crime. 

Homicide.— Homicide is the killing of a human being 
by another. Murder in the first degree is the wrongful 
killing of a person either with a premeditated design to 
cause his death; or by a reckless act dangerous to life, 
although without intent to take life ; or by a person 
engaged in the commission of a felony. The usual pun¬ 
ishment is death or life imprisonment. Murder in the 
second degree is the intentional killing of a human being 
without premeditation. The usual punishment is life 
imprisonment. All other forms of homicide are termed 
manslaughter. Homicide is excusable when committed 
by accident. Homicide committed in the defense of self 
or another is justifiable. Ho person can be convicted of 
homicide unless it is proved that a life has been taken 
and that he is the one who took it. 

Assault.—An assault in its highest form is either an 
attack upon a person with intent to kill or commit a 
felony, with a weapon likely to produce death ; or the 
administration of poison or drugs dangerous to life. It 
is a felony. Assault and battery is an attack upon a per¬ 
son with the fists with the intention to do him bodily 
injury. This is a misdemeanor. 

Robbery.— Robbery is the unlawful taking of personal 
property from a person against his will, by force or vio- 


WRONGS 


217 


lence, or by arousing fear in such person. Secretly pick¬ 
ing a person’s pocket is not robbery. 

Crimes against Property; Arson.—The principal crimes 
against property are arson, burglary and larceny. Arson 
in its highest degree consists in setting fire at night time 
to a building or car or other structure in which there is 
a human being. The punishment varies in the different 
States, the most severe being imprisonment for life. 

Burglary.— Burglary is the forcible entering of a house 
or room for the purpose of committing a crime. Its high¬ 
est degree occurs when such entry is made in the night, 
when a human being is within, by a person armed with 
a dangerous weapon. It is a felony. 

Larceny.— Larceny is the taking, concealing or with¬ 
holding of personal property with the intent to deprive 
the owner of its possession. The highest degree, called 
grand larceny^ consists in taking property from the per¬ 
son of another in the night time, or in the taking at any 
time of property above a certain value. All other steal¬ 
ing petit larceny. 

Bigamy.—The principal crime against public morals is 
bigam3^ It is liganiy when a person, having a living 
husband or wife, marries another. 

Arrest.— Arrest is the apprehension of an offender in 
order that he may be punished for his crime. It is usually 
made by an officer upon a warrant.^ which is a mandate 
of a court commanding the arrest of the offender. But 
an arrest may be made without a warrant when the 
offender is detected in the actual commission of a crime. 


218 


PRINCIPLES OP LAW 


MUNICIPAL LAW. 


MUNICIPAL LAW 


' UNWKITTEN . 

Common Law. 
Equity. 


1 

■ Federal \ 

. 

WRITTEN 


- 

State j 




Constitution. 

Acts of Congress (Federal Statutes). 
Treaties. 

Constitutions. 

Acts of Legislatures (State Statutes). 


OrVII. RIGHTS, 


I. ABSOLUTE RIGHTS; 

1. Personal Security j 

2. Personal Liberty. 

3. Private Property. 


Life. 

Reputation. 


[- Ways. 

Real Property | Rights of < Franchises. 

’ t Rents. 


Personal Property. 


Estates— 

In Real Property. 


Real Estates 


As to Tenure '* 


As to Title 


Personal Estates 
{Lease) 

I" by Descent. 

I by Purchase 


In Personal Property. 
As to tenure 


in Fee. 
for Life 


\ Life Estat e 


^ Dower. 

Landlord 

and 

Tenant. 

by j Public—Patent. 

Grant < Private—Deed, Mortgage, 
by Devise—Will. 


As to Title 


) Absolute. 

< Qualified. 

By operation of law. 

By sole act of owner. 

Gift. 

Will and testament. 
Contract. 


By joint act 

of parties 









MUNICIPAL LAW 


219 


ABSOLUTE RIGHTS—Con^inweo?. 
Contracts— 

Conditi 07 is as to. 


r 

Parties 

Consideration. 
Subject I 
Meeting of the 

Classes. 

' Oral. 


Written 


Of full age. 

Of full understanding. 
Free to contract. 

Moral. 

Lawful. 

minds. 


Under seal 


{ Warranty 
Quitclaim 
Etc., etc. 
Mortgage 


Signed, Sealed, 
Acknowledged, 
Delivered and 
Recorded. 


Not under seal 


Sale 


( Implied 


warranty 


For purchase j Lands. 

and sale of < Personal property over $50. 
Which cannot be performed in a year. 
Guaranty. 

Chattel mortgage. 

From sample. 

When particularly manufactured. 

As to food. 


Bailment. 
Agency ] 

Partnership 

Insurance 


Indorsement 

Liens. 


General 

Special 


j- Principal and agent. 


Corporation ■ 


Public. 


Private 


Charter. 

Franchise. 

Directors. 

Stockholders. 


f 


Fire 
Marine 
Life, etc. 

Negotiable 


Policy and premium. 


paper 


Promissory note (maker, payee). 

Bill of exchange j At sight } ,, , . 

(draft) f Afterdate ( (Acceptor). 


Liability of indorser (presentation, non-payment, protest, notice). 


Remedies. 

J Enforce performance. 

< Recover damages. 

Wills and Testaments. 

Execution. 

Audition (codicil). 

Probate. 


Testator and Intestate. 
Executors and Administrators. 












220 


PRINCIPLES OF LAW 


II. RELATIVE RIGHTS: 


1. Husband and Wife. 


Marriage 
, Divorce. 


j Rights and 
I duties 


Residence. 

Return. 

Protection. 

Support. 


2. Parent and Child. 


Duties of 


Child 

Parent 


( Obedience. 
« Service. 

{ Protection. 
Support. 
Education. 


3. Guardian and Ward. 


Guardian 


Of person, 
Of property 


Entitled to obedience, 
j Must support \ ^ 

i Must educate f '■■<>“ 


4. Master and Servant. 

( Apprentice. 

( Hired Servant. 


WRONGS. 

I. TORTS : 

Classes. 

' Slander. 

Libel. 

Fraud. 

. Assault. 

II. CRIMES; 

Divisions. 

( Felonies. 

^ Misdemeanors. 

Criminals. 

( Principal. 

« Accessory. 

Against State. 

■ Treason. 

Illegal voting. 

Bribery. 

- Aiding a prisoner to escape. 
Counterfeiting. 

Forging public records. 

. Perjury. 


of ward. 







MUNICIPAL LAW 


221 


CRIMES— Continued. 

Against Persons. 


• Suicide. 

Homicide 

r Murder 

S Ist degree 

« 2d degree j Excusable and 


[ Manslaughter 

( Justifiable Homicide. 


f With intent 

( To kill. 

Assault 

i To commit a felony. 


[_ and battery. 


. Robbery. 




Against Property. 


Arson, 

Burglary. 

Larceny 


Grand. 

Petit. 


Against Public Decency and Morals (Bigamy). 
III. ARREST: 

With a warrant. 

Without a warrant 








APPENDIX I 


THE DECLARATION OF INDEPENDENCE 

In Congress, July 4, 1776 

The Unanimous Declaration of the Thirteen United States op 

America 

When, in the course of human events, it becomes necessary for one 
people to dissolve the political bands which have connected them with 
another, and to assume, among the Powers of the earth, the separate 
and equal station to which the laws of nature and of nature’s God en¬ 
title them, a decent respect to the opinions of mankind requires that 
they should declare the causes which impel them to the separation. 

We hold these truths to be self-evident: that all men are created 
equal, that they are endowed by their Creator with certain inalienable 
rights; that among these are life, liberty, and the pursuit of happiness. 
That to secure these rights, governments are instituted among men, 
deriving their just powers from the consent of the governed; that 
whenever any form of government becomes destructive of these ends, 
it is the right of the people to alter or to abolish it, and to institute a new 
government, laying its foundation on such principles, and organizing 
its powers in such form, as to them shall seem most likely to effect 
theii safety and happiness. Prudence, indeed, w'ill dictate that gov¬ 
ernments long established should not be changed for light and transient 
causes; and accordingly all experience hath shown that mankind are 
more disposed to suffer, while evils are sufferable, than to right them¬ 
selves by abolishing the forms to which they are accustomed. But 
when a long train of abuses and usurpations, pursuing invariably the 
same object, evinces a design to reduce them under absolute despotism, 
it is their right, it is their duty, to throw off such government, and to 
provide new guards for their future security.—Such has been the patient 
sufferance of these colonies; and such is now the necessity which con¬ 
strains them to alter their former systems of government. The history 
of the present king of Great Britain is a history of repeated injuries 


224 THE DECLARATION OF INDEPENDENCE 


and usurpations, all having in direct object the establishment of an 
absolute tyranny over these States. To prove this, let facts be sub¬ 
mitted to a candid world. 

He has refused his assent to laws the most wholesome and necessary 
for the public good. 

He has forbidden his governors to pass laws of immediate and press¬ 
ing importance, unless suspended in their operation till his assent 
should be obtained; and when so suspended, he has utterly neglected 
to attend to them. 

He has refused to pass other laws for the accommodation of large 
districts of people, unless those people would relinquish the right of 
representation in the legislature, a right inestimable to them and for¬ 
midable to tyrants only. 

He has called together legislative bodies at places unusual, uncom¬ 
fortable, and distant from the depository of their public records, for 
the sole purpose of fatiguing them into compliance with his measures. 

He has dissolved representative houses repeatedly, for opposing, with 
manly firmness, his invasions on the rights of the people. 

He has refused, for a long time after such dissolutions, to cause others 
to be elected; whereby the legislative powers, incapable of annihila¬ 
tion, have returned to the people at large for their exercise; the State 
remaining, in the meantime, exposed to all the dangers of invasion 
from without, and convulsions within. 

He has endeavored to prevent the population of these States; for 
that purpose obstructing the laws for naturalization of foreigners; re¬ 
fusing to pass others to encourage their migration hither, and raising 
the conditions of new appropriations of lands. 

He has obstructed the administration of justice, by refusing his 
assent to laws for establishing judiciary powers. 

He has made judges dependent on his will alone for the tenure of 
their offices, and the amount and payment of their salaries. 

He has erected a multitude of new offices, and sent hither swarms 
of officers to harass our people and eat out their substance. 

He has kept among us, in times of peace, standing armies without 
the consent of our legislatures. 

He has affected to render the military independent of and superior 
to the civil power. 

He has combined with others to subject us to a jurisdiction foreign 
to our constitution, and unacknowledged by our laws; giving his assent 
to their acts of pretended legislation : 

For quartering large bodies of armed troops among us : 


THE DECLARATION OF INDEPENDENCE 225 


For protecting them, by a mock trial, from punishment for any mur¬ 
ders which they should commit on the inhabitants of these States : 

For cutting off our trade with all parts of the world : 

For imposing taxes on us without our consent : 

For depriving us, in many cases, of the benefits of trial by jury : 

For transporting us beyond seas to be tried for pretended offenses : 

For abolishing the free system of English laws in a neighboring prov¬ 
ince, establishing therein an arbitrary government, and enlarging its 
boundaries, so as to render it at once an example and fit instrument 
for introducing the same absolute rule into these colonies : 

For taking away our charters, abolishing our most valuable laws, and 
altering fundamentally the forms of our government : 

For suspending our own legislatures, and declaring themselves in¬ 
vested with power to legislate for us in all cases whatsoever. 

He has abdicated government here, by declaring us out of his pro¬ 
tection, and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt our towns, 
and destroyed the lives of our people. 

He is, at this time, transporting large armies of foreign mercenaries 
to complete the works of death, desolation and tyranny, already begun, 
with circumstances of cruelty and perfidy scarcely paralleled in the 
most barbarous ages, and totally unworthy the head of a civilized 
nation. 

He has constrained our fellow-citizens, taken captive on the high 
seas, to bear arms against their country, to become the executioners 
of their friends and brethren, or to fall themselves by their hands. 

He has excited domestic insurrections amongst us, and has endeavored 
to bring on the inhabitants of our frontiers, the merciless Indian sav¬ 
ages, whose known rule of warfare is an undistinguished destruction of 
all ages, sexes, and conditions. 

In every stage of these oppressions we have petitioned for redress 
in the most humble terms : our repeated petitions have been answered 
only by repeated injuries. A prince, whose character is thus marked 
by every act which may define a tyrant, is unfit to be the ruler of a 
free people. 

Nor have we been wanting in attention to our British brethren. We 
have warned them, from time to time, of attempts by their legislature 
to extend an unwarrantable jurisdiction over us. We have reminded 
them of the circumstances of our emigration and settlement here. We 
have appealed to their native justice and magnanimity, and we have 
conjured them by the ties of our common kindred to disavow these 
15 


226 THE DECLARATION OF INDEPENDENCE 


usurpations, which would inevitably interrupt our connections and 
correspondence. They too have been deaf to the voice of justice and 
of consanguinity. We must, therefore, aquiesce in the necessity which 
denounces our separation, and holds them, as we hold the rest of man¬ 
kind, enemies in war, in peace friends. 

We, therefore, the Representatives of the United States of America, 
in general Congress assembled, appealing to the Supreme Judge of the 
world for the rectitude of our intentions, do, in the name, and by 
authority of the good people of these colonies, solemnly publish and 
declare. That these United Colonies are, and of right ought to be, free 
and independent States; that they are absolved from all allegiance to 
the British crown, and that all political connection between them and 
the State of Great Britain is, and ought to be, totally dissolved; and 
that, as free and independent States, they have full power to levy war, 
conclude peace, contract alliances, establish commerce, and to do all 
other acts and things which independent States may of right do. And 
for the support of this declaration, with a firm reliance on the protection 
of Divine Providence, we mutually pledge to each other our lives, our 
fortunes, and our sacred honor. 

John Hancock. 

New Hampshire —Josiah Bartlett, Wm. Whipple, Matthew Thornton. 

Massachusetts Bay —Sami. Adams, John Adams, Robt. Treat Paine, 
Elbridge Gerry. 

Rhode Island —Step. Hopkins, William Ellery, 

Connecticut —Roger Sherman, Sam’el Huntington, Wm. Williams, 
Oliver Wolcott. 

New York —Wm. Floyd, Phil. Livingston, Frans. Lewis, Lewis Morris. 

New Jersey —Richd. Stockton, Jno. Witherspoon, Fras. Hopkinson, 
John Hart, Abra. Clark. 

Pennsylvania —Robt, Morris, Benjamin Rush, Benja. Franklin, John 
Morton, Geo. Clymer, Jas. Smith, Geo. Taylor, James Wilson, Geo. Ross. 

Delaware —Csosar Rodney, Geo. Read, Tho. M’Kean. 

Maryland —Samuel Chase, Wm. Paca, Thos. Stone, Charles Carroll of 
Carrollton. 

Virginia —George Wythe, Richard Henry Lee, Th. Jefferson, Benja. 
Harrison, Thos. Nelson, Jr., Francis Lightfoot Lee, Carter Braxton. 

North Carolina —Wm. Hooper, Joseph Hewes, John Penn. 

South Carolina —Edward Rutledge, Thos. Heyward, Junr., Thomas 
Lynch, Junr., Arthur Middleton, 

Georgia —Button Gwinnett, layman Hall, Geo. Walton. 


APPENDIX II 


DELEGATES TO THE CONSTITUTIONAL CONVENTION 


Those with numbers before their names signed the Constitution, 
while those whose names are in italics were appointed delegates, 
but did not attend the Convention. 


1 . 


New Hampshire. 

John Langdon. 2. Nicholas Gilman. 

John Pickering, Benjamin West. 


Massachusetts. 

Francis Dana. 3. Nathaniel Gorham. 

Elbridge Gerry. 4. Rufus King. 

Caleb Strong. 


Rhode Island (no appointment). 


Connecticut. 

5. William S. Johnson. 6. Roger Sherman. 

Oliver Ellsworth. 


New York. 

Robert Yates. 7. Alexander Hamilton. 

John Lansing. 

New Jersey. 

8. William Livingston. 10. William Patterson. 

9. David Brearly. John Neilson. 

William C. Houston. Abraham Clarke. 

11. Jonathan Dayton. 


Pennsylvania. 


12. Benjamin Franklin. 

13. Thomas Mifflin. 

14. Robert Morris. 

15. George Clymer. 


16. Thomas Fitzsimons. 

17. Jared Ingersoll. 

18. James Wilson. 

19. Gouverneur Morris. 


228 DELEGATES TO CONSTITUTIONAL CONVENTION 


20 . 

21 . 


25. 

26. 


28. 


29. 

30. 


31. 


34. 

35. 


38. 

39. 


Delaware. 

George Read. 22. John Dickinson. 

Gunning Bedford, Jr. 23. Richard Bassett. 

24. Jacob Broom. 


Maryland. 


James McHenry. 

Daniel of St. Thomas 
Jenifer. 

Virginia. 

George Washington. 

Patrick Henry (declined). 
Edmund Randolph. 

John Blair. 

James Madison, Jr. 


27. Daniel Carroll. 

John Francis Mercer. 
Luther Martin. 

George Mason. 

George Wythe. 

James McClurg (in the 
room of P. Henry). 


North Carolina. 


Richard Caswell (resigned). BT'ZZze Jones (declined). 


Alexander Martin. 
William R. Davie. 
William Blount (in the 
room of R. Caswell). 


32. Richard D. Spaight. 

33. Hugh Williamson (in 

the room of W. 
Jones). 


South Carolina. 

John Rutledge. 36. Charles Pinckney. 

Charles C. Pinckney. 37. Pierce Butler. 


Georgia. 

William Few. 

Abraham Baldwin. 

William Pierce. 


George Walton. 
William Houston. 
Nathaniel Pendleton. 


APPENDIX III 


CONSTITUTION OF THE UNITED STATES 

PREAMBLE. 

We, the people of the United States, in order to form a more perfect 
union, establish justice, insure domestic tranquillity, provide for the 
common defense, promote the general welfare, and secure the blessings 
of liberty to ourselves and our posterity, do ordain and establish this 
Constitution for the United States of America. 


ARTICLE I. LEGISLATIVE DEPARTMENT. 

Section 1. Congress in General. 

All legislative powers herein granted shall be vested in a Congress of 
the United States, which shall consist of a Senate and House of Rep¬ 
resentatives. 


Section 2. House of Representatives. 

1. The House of Representatives shall be composed of members 
chosen every second year by the people of the several States, and the 
electors in each State shall have the qualifications requisite for electors 
of the most numerous branch of the State legislature. 

2. No person shall be a Representative who shall not have attained 
to the age of twenty-five years, and been seven years a citizen of the 
United States, and who shall not, when elected, be an inhabitant of 
that State in which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned amone the 
several States which may be included within this Union, accordimr to 
their respective numbers, which shall be determined by adding to the 
whole number of free persons, including those bound to service for 
a term of years, and excluding Indians not taxed, three fifths of all 
other persons. The actual enumeration shall be made within three 
years after the first meeting of the Congress of the United States, and 


230 CONSTITUTION OF THE UNITED STATES 


within every subsequent term of ten years, in such manner as they shall 
by law direct. The number of Representatives shall not exceed one for 
every thirty thousand, but each State shall have at least one Repre¬ 
sentative; and until such enumeration shall be made, the State of New 
Hampshire shall be entitled to choose three, Massachusetts eight, 
Rhode Island and Providence Plantations one, Connecticut five, New 
York six. New Jersey four, Pennsylvania eight, Delaware one, Mary¬ 
land six, Virginia ten. North Carolina five, South Carolina five, and 
Georgia three. 

4. When vacancies happen in the representation from any State, the 
executive authority thereof shall issue writs of election to fill such 
vacancies. 

5. The House of Representatives shall choose their Speaker and other 
officers ; and shall have the sole power of impeachment. 

Section 3. Senate. 

1. The Senate of the United States shall be composed of two Sena¬ 
tors from each State, chosen by the legislature thereof, for six years; 
and each Senator shall have one vote. 

2. Immediately after they shall be assembled in consequence of the 
first election, they shall be divided as equally as may be into three 
classes. The seats of the Senators of the first class shall be vacated at 
the expiration of the second year, of the second class, at the expiration 
of the fourth year, and of the third class, at the expiration of the sixth 
year, so that one third may be chosen every second year; and if vacancies 
happen by resignation, or otherwise, during the recess of the legislature 
of any State, the executive thereof may make temporary appointments 
until the next meeting of the legislature, which shall then fill such 
vacancies. 

3. No person shall be a Senator who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United States, 
and who shall not, when elected, be an inhabitant of that State for 
which he shall be chosen. 

4. The Vice President of the United States shall be President of the 
Senate, but shall have no vote, unless they be equally divided. 

5. The Senate shall choose their other officers, and also a President 
pro tempore, in the absence of the Vice President, or when he shall 
exercise the office of President of the United States. 

6. The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or afi&rmation. 


CONSTITUTION OF THE UNITED STATES 231 


WTien the President of the United States is tried, the Chief Justice 
shall preside; and no person shall be convicted without the concurrence 
of two thirds of the members present. 

7. Judgment in cases of impeachment shall not extend further than 
to removal from office, and disqualification to hold and enjoy any office 
of honor, trust or profit under the United States; but the party con¬ 
victed shall nevertheless be liable and subject to indictment, trial, 
judgment and punishment, according to law. 

Section 4. Both Houses. 

1. The times, places and manner of holding elections for Senators 
and Representatives, shall be prescribed in each State by the legisla¬ 
ture thereof; but the Congress may at any time by law make or alter 
such regulations, except as to the places of choosing Senators. 

2. The Congress shall assemble at least once in every year, and such 
meeting shall be on the first Monday in December, unless they shall by 
law appoint a different day. 

Section 5. The Houses Separately. 

1. Each house shall be the judge of the elections, returns and quali¬ 
fications of its own members, and a majority of each shall constitute a 
quorum to do business; but a smaller number may adjourn from day 
to day, and may be authorized to compel the attendance of absent 
members, in such manner, and under such penalties as each house may 
provide. 

2. Each house may determine the rules of its proceedings, punish its 
members for disorderly behavior, and, with the concurrence of two 
thirds, expel a member. 

3. Each house shall keep a journal of its proceedings, and from time 
to time publish the same, excepting such parts as may in their judgment 
require secrecy ; and the yeas and nays of the members of either house 
on any question shall, at the desire of one fifth of those present, be 
entered on the journal. 

4. Neither house, during the session of Congress, shall, without the 
consent of the other, adjourn for more than three days, nor to any other 
place than that in which the two houses shall be sitting. 

Section 6. Privileges and Disabilities of Members. 

1. The Senators and Representatives shall receive a compensation 
for their services, to be ascertained by law, and paid out of the Treasury 


232 CONSTITUTION OF THE UNITED STATES 


of the United States. They shall in all cases, except treason, felony 
and breach of the peace, be privileged from arrest during their attend¬ 
ance at the session of their respective houses, and in going to and re¬ 
turning from the same; and for any speech or debate in either house, 
they shall not be questioned in any other place. 

2. No Senator or Representative shall, during the time for which 
he was elected, be appointed to any civil office under the authority of 
the United States, which shall have been created, or the emoluments 
whereof shall have been increased during such time, and no person 
holding any office under the United States, shall be a member of either 
house during his continuance in office. 


Section 7. Mode of Passing Laws. 

1. All bills for raising revenue shall originate in the House of Repre¬ 
sentatives ; but the Senate may propose or concur with amendments 
as on other bills. 

2. Every bill which shall have passed the House of Representatives 
and the Senate, shall, before it becomes a law, be presented to the Presi¬ 
dent of the Linited States; if he approve he shall sign it, but if not he 
shall return it, with his objections to that house in which it shall have 
originated, who shall enter the objections at large on their journal, and 
proceed to reconsider it. If after such reconsideration two thirds of 
that house shall agree to pass the bill, it shall be sent, together with the 
objections, to the other house, by which it shall likewise be reconsidered, 
and if approved by two thirds of that house, it shall become a law. But 
in all such cases the votes of both houses shall be determined by yeas 
and nays, and the names of the persons voting for and against the bill 
shall be entered on the journal of each house respectively. If any bill 
shall not be returned by the President within ten days (Sundays ex¬ 
cepted) after it shall have been presented to him, the same shall be a law, 
in like manner as if he had signed it, unless the Congress by their adjourn¬ 
ment prevent its return, in which case it shall not be a law. 

3. Every order, resolution, or vote to which the concurrence of the 
Senate and House of Representatives may be necessary (except on a 
question of adjournment) shall be presented to the President of the 
United States; and before the same shall take effect, shall be approved 
by him, Pr being disapproved by him, shall be repassed by two thirds 
of the Senate and House of Representatives, according to the rules and 
limitations prescribed in the case of a bill. 


CONSTITUTION OF THE UNITED STATES 238 


Section 8. Powers granted to Congress. 

The Congress shall have power: 

1. To lay and collect taxes, duties, imposts and excises to pay the 
debts and provide for the common defense and general welfare of the 
United States; but all duties, imposts and excises shall be uniform 
throughout the United States; 

2. To borrow money on the credit of the United States; 

3. To regulate commerce with foreign nations, and among the several 
States, and with the Indian tribes; 

4. To establish an uniform rule of naturalization, and uniform laws 
on the subject of bankruptcies throughout the United States; 

5. To coin money, regulate the value thereof, and of foreign coin, 
and fix the standard of weights and measures; 

6. To provide for the punishment of counterfeiting the securities 
and current coin of the United States; 

7. To establish post offices and post roads; 

8. To promote the progress of science and useful arts, by securing 
for limited times to authors and inventors the exclusive right to their 
respective writings and discoveries; 

9. To constitute tribunals inferior to the Supreme Court; 

10. To define and punish piracies and felonies committed on the high 
seas, and offenses against the law of nations; 

11. To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water; 

12. To raise and support armies, but no appropriation of money 
to that use shall be for a longer term than two years; 

13. To provide and maintain a navy; 

14. To make rules for the government and regulation of the land 
and naval forces; 

15. To provide for calling forth the militia to execute the laws of 
the Union, suppress insurrection and repel invasions; 

16. To provide for organizing, arming, and disciplining, the militia, 
and for governing such part of them as may be employed in the ser¬ 
vice of the United States, reserving to the States respectively, the 
appointment of the officers, and the authority of training the militia 
according to the discipline prescribed by Congress; 

17. To exercise exclusive legislation in all cases whatsoever, over such 
district (not exceeding ten miles square) as may, by cession of partic¬ 
ular States, and the acceptance of Congress, become the seat of the 
Government of the United States, and to exercise like authority over 


234 CONSTITUTION OF THE UNITED STATES 


all places purchased by the consent of the legislature of the State 
in which the same shall be, for the erection of forts, magazines, 
arsenals, dockyards, and other needful buildings; and 

18. To make all laws which shall be necessary and proper for carry¬ 
ing into execution the foregoing powers, and all other powers vested 
by this Constitution in the Government of the United States, or in 
any department or officer thereof. 

Section 9. Powers denied to the United States. 

1. The migration or importation of such persons as any of the States 
now existing shall think proper to admit, shall not be prohibited by the 
Congress prior to the year one thousand eight hundred and eight, but 
a tax or duty may be imposed on such importation, not exceeding ten 
dollars for each person. 

2. The privilege of the writ of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion the public safety may 
require it. 

3. No bill of attainder or ex post facto law shall be passed. 

4. No capitation, or other direct, tax shall be laid, unless in propor¬ 
tion to the census or enumeration hereinbefore directed to be taken. 

5. No tax or duty shall be laid on articles exported from any State. * 

6. No preference shall be given by any regulation of commerce or 
revenue to the ports of one State over those of another; nor shall vessels 
bound to, or from, one State, be obliged to enter, clear, or pay duties 
in another. 

7. No money shall be drawn from the Treasury, but in consequence 
of appropriations made by law; and a regular statement and account 
of the receipts and expenditures of all public money shall be published 
from time to time. 

8. No title of nobility shall be granted by the United States; and no 
person holding any office of profit or trust under them, shall, without 
the consent of the Congress, accept of any present, emolument, office, 
or title, of any kind whatever, from any king, prince, or foreign State. 


Section 10. Powers denied to the States. 

1. No State shall enter into any treaty, alliance, or confederation; 
grant letters of marque and reprisal; coin money; emit bills of credit; 
make anything but gold and silver coin a tender in payment of debts; 


CONSTITUTION OF THE UNITED STATES 235 


pass any bill of attainder, ex post facto law, or law impairing the obli¬ 
gation of contracts, or grant any title of nobility. 

2. No State shall, without the consent of the Congress, lay any im¬ 
posts or duties on imports or exports, except what may be absolutely 
necessary for executing its inspection laws; and the net produce of all 
duties and imposts, laid by any State on imports or exports, shall be 
for the use of the Treasury of the United States; and all such laws 
shall be subject to the revision and control of the Congress. 

3. No State shall, without the consent of Congress, lay any duty of 
tonnage, keep troops or ships of war in time of peace, enter into any 
agreement or compact with another State, or with a foreign power, or 
engage in war, unless actually invaded, or in such imminent danger as 
will not admit of delay. 


ARTICLE II. EXECUTIVE DEPARTMENT. 

Section 1. President and Vice President. 

1. The executive power shall be vested in a President of the United 
States of America. He shall hold his office during the term of four 
years, and, together with the Vice President, chosen for the same term, 
be elected as follows: 

2. Each State shall appoint, in such manner as the legislature 
thereof may direct, a number of electors, equal to the whole number 
of Senators and Representatives to which the State may be entitled 
in the Congress; but no Senator or Representative, or person holding 
an office of trust or profit under the United States, shall be appointed 
an elector. 

3. (The electors shall meet in their respective States, and vote by 
ballot for two persons, of whom one at least shall not be an inhabitant 
of the same State with themselves. And they shall make a list of all 
the persons voted for, and of the number of votes for each; which list 
they shall sign and certify, and transmit sealed to the seat of govern¬ 
ment of the United States, directed to the President of the Senate. 
The President of the Senate shall, in the presence of the Senate and 
House of Representatives, open all the certificates, and the votes shall 
then be counted. The person having the greatest number of votes 
shall be the President, if such number be a majority of the whole num¬ 
ber of electors appointed; and if there be more than one who have such 
majority, and have an equal number of votes, then the House of Rep- 


236 CONSTITUTION OF THE UNITED STATES 


resentatives shall immediately choose by ballot one of them for Presi¬ 
dent; and if no person have a majority, then from the five highest on 
the list the said House shall in like manner choose the President. But 
in choosing the President, the votes shall be taken by States, the repre¬ 
sentation from each State having one vote; a quorum for this purpose 
shall consist of a member or members from two thirds of the States, 
and a majority of all the States shall be necessary to a choice. In 
every case, after the choice of the President, the person having the 
greatest number of votes of the electors shall be the Vice President. 
But if there should remain two or more who have equal votes, the 
Senate shall choose from them by ballot the Vice President. [Su'per- 
seded by Amendment XIL]) 

4. The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes ; which day shall be 
the same throughout the United States. 

5. No person except a natural born citizen, or a citizen of the 
United States, at the time of the adoption of this Constitution, shall be 
eligible to the office of President; neither shall any person be eligible 
to that office who shall not have attained to the age of thirty five 
years, and been fourteen years a resident within the United States. 

6. In case of the removal of the President from office, or of his death, 
resignation, or inability to discharge the powers and duties of the said 
office, the same shall devolve on the Vice President, and the Congress 
may by law provide for the case of removal, death, resignation or 
inability, both of the President and Vice President, declaring what 
officer shall then act as President, and such officer shall act accordingly, 
until the disability be removed, or a President shall be elected. 

7. The President shall, at stated times, receive for his services a 
compensation, which shall neither be increased nor diminished during 
the period for which he shall have been elected, and he shall not receive 
within that period any other emolument from the United States, or 
any of them. 

8. Before he enter on the execution of his office, he shall take the 
following oath or affirmation: 

‘ ‘ I do solemnly swear (or affirm) that I will faithfully execute the 
office of President of the United States, and will to the best of my 
ability preserve, protect and defend the Constitution of the United 
States.” 

Section 2. Powders of the President. 

1. The President shall be Commander in Chief of the army and navy 


CONSTITUTION OF THE UNITED STATES 237 


of the United States, and of the militia of the several States, when called 
into the actual service of the United States; he may require the opinion, 
in writing, of the principal officer in each of the executive departments, 
upon any subject relating to the duties of their respective offices, and 
he shall have power to grant reprieves and pardons for offenses against 
the United States, except in cases of impeachment. 

2. He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two thirds of the Senators present 
concur; and he shall nominate, and by and with the advice and consent 
of the Senate, shall appoint ambassadors, other public ministers and 
consuls, judges of the Supreme Court, and all other officers of the 
United States, whose appointments are not herein otherwise provided 
for, and which shall be established by law; but the Congress may by 
law vest the appointment of such inferior officers, as they think 
proper, in the President alone, in the courts of law, or in the heads of 
departments. 

3. The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions 
which shall expire at the end of their next session. 

Section 3. Duties of the President. 

He shall from time to time give to the Congress information of the 
state of the Union, and recommend to their consideration such meas^ 
ures as he shall judge necessary and expedient; he may, on extra¬ 
ordinary occasions, convene both houses, or either of them, and in case 
of disagreement between them, with respect to the time of adjourn¬ 
ment, he may adjourn them to such time as he shall think proper ; 
he shall receive ambassadors and other public ministers ; he shall 
take care that the laws be faithfully executed, and shall commission 
all the officers of the United States. 

Section 4.. Impeachment. 

The President, Vice President, and all civil officers of the United 
States, shall be removed from office on impeachment for, and convic¬ 
tion of, treason, bribery, or other high crimes and misdemeanors. 


ARTICLE III. JUDICIAL DEPARTMENT. 

Section 1. United States Courts. 

The judicial power of the United States, shall be vested in one 


238 CONSTITUTION OF THE UNITED STATES 


Supreme Court, and in such inferior courts as the Congress may from 
time to time ordain and establish. The judges, both of the supreme 
and inf.erior courts, shall hold their offices during good behavior, 
and shall, at stated times, receive for their services, a compensation, 
which shall not be diminished during their continuance in office. 


Section 2. Jurisdiction of the United States Courts. 

1. The judicial power shall extend to all cases, inlaw and equity, 
arising under this Constitution, the laws of the United States, and 
treaties made, or which shall be made, under their authority; to all 
cases affecting ambassadors, other public ministers and consuls ; to 
all cases of admiralty and maritime jurisdiction; to controversies to 
which the United States shall be a party; to controversies between 
two or more States; between a State and citizens of another State; 
between citizens of different States, between citizens of the same State 
claiming lands under grants of different States, and between a State, 
or the citizens thereof, and foreign States, citizens or subjects. 

2. In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be a party, the Supreme Court 
shall have original jurisdiction. In all the other cases before men¬ 
tioned the Supreme Court shall have appellate jurisdiction, both as 
to law and fact, with such exceptions, and under such regulations as 
the Congress shall make. 

3. The trial of all crimes, except in cases of impeachment, shall be 
by jury; and such trial shall be held in the State where the said crime 
shall have been committed; but when not committed within any State, 
the trial shall be at such place or places as the Congress may by law 
have directed. 


Section 3. Treason. 

1. Treason against the United States, shall consist only in levying 
war against them, or in adhering to their enemies, giving them aid 
and comfort. No person shall be convicted of treason unless on the 
testimony of two witnesses to the same overt act, or on confession 
in open court. 

2. The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood, or 
forfeiture except during the life of the person attainted. 


CONSTITUTION OF THE UNITED STATES 239 


ARTICLE IV. THE STATES AND THE FEDERAL 
GOVERNMENT. 

Section 1. State Records. 

Full faith and credit shall be given in each State to the public acts, 
records, and judicial proceedings of every other State. And the Con¬ 
gress may by general laws prescribe the manner in which such acts, 
records and proceedings shall be proved, and the effect thereof. 

Section 2. Privileges of Citizens, etc. 

1. The citizen of each State shall be entitled to all privileges and 
immunities of citizens in the several States. 

2. A person charged in any State with treason, felony, or other 
crime, who shall flee from justice, and be found in another State, shall, 
on demand of the executive authority of the State from which he fled, 
be delivered up, to be removed to the State having jurisdiction of the 
crime. 

3. No person held to service or labor in one State, under the laws 
thereof, escaping into another, shall, in consequence of any law or 
regulation therein, be discharged from such service or labor, but shall 
be delivered up on claim of the party to whom such service or labor 
may be due. 

Section 3. New States and Territories. 

1. New States may be admitted by the Congress into this Union; 
but no new State shall be formed or erected within the jurisdiction of 
any other State; nor any State be formed by the junction of two or 
more States, or parts of States, without the consent of the legislatures 
of the States concerned as well as of the Congress. 

2. The Congress shall have power to dispose of and make all needful 
rules and regulations respecting the territory or other property 
belonging to the United States; and nothing in this Constitution shall 
be so construed as to prejudice any claims of the United States, or of 
any particular State. 

Section 4. Guarantee to the States. 

The United States shall guarantee to every State in this Union a 
republican form of government, and shall protect each of them against 
invasion, and on application of the legislature, or of the executive 
(when the legislature cannot be convened) against domestic violence. 


240 CONSTITUTION OF THE UNITED STATES 


ARTICLE V. POWER OF AMENDMENT. 

The Congress, whenever two thirds of both houses shall deem it 
necessary, shall propose amendments to this Constitution, or, on the 
application of the legislatures of two thirds of the several States, shall 
call a convention for proposing amendments, which, in either case, shall 
be valid to all intents and purposes, as part of this Constitution, when 
ratified by the legislatures of three fourths of the several States, or by 
conventions in three fourths thereof, as the one or the other mode of 
ratification may be proposed by the Congress ; provided that no amend¬ 
ments which may be made prior to the year one thousand eight hun¬ 
dred and eight shall in any manner affect the first and fourth clauses 
in the ninth section of the first article; and that no State, without its con¬ 
sent, shall be deprived of its equal suffrage in the Senate. 


ARTICLE VI. PUBLIC DEBT, SUPREMACY OF THE 
CONSTITUTION, OATH OF OFFICE, RELIGIOUS TEST. 

1. All debts contracted and engagements entered into, before the 
adoption of this Constitution, shall be as valid against the United 
States under this Constitution as under the Confederation. 

2. This Constitution, and the laws of the United States which shall 
be made in pursuance thereof ; and all treaties made, or which shall be 
made, under the authority of the United States, shall be the supreme 
law of the land; and the judges in every State shall be bound thereby, 
anything in the Constitution or laws of any State to the contrary 
notwithstanding. 

3. The Senators and Representatives before mentioned, and the 
members of the several State legislatures, and all executive and judicial 
officers, both of the United States and of the several States, shall be 
bound by oath or affirmation, to support this Constitution; but no 
religious test shall ever be required as a qualification to any office or 
public trust under the United States. 


ARTICLE VII. RATIFICATION OF THE CONSTITUTION. 

The ratification of the convention of nine States, shall be sufficient 
for the establishment of this Constitution between the States so 
ratifying the same. 


CONSTITUTION OF THE UNITED STATES 241 


AMENDMENTS. 

ARTICLE I. 

Congress shall make no law respecting an establishment of religion, 
or prohibiting the free exercise thereof; or abridging the freedom of 
speech, or of the press; or the right of the people peaceably to as¬ 
semble, and to petition the government for a redress of grievances. 

ARTICLE II. 

A well-regulated militia, being necessary to the security of a free 
state, the right of the people to keep and bear arms, shall not be 
infringed. 

ARTICLE III. 

No soldier shall, in time of peace, be quartered in any house, without 
the consent of the owner, nor in time of war, but in a manner to be 
prescribed by law. 

ARTICLE IV. 

The right of the people to be secure in their persons, houses, papers, 
and effects, against unreasonable searches and seizures, shall not be 
violated, and no warrants shall issue, but upon probable cause, sup¬ 
ported by oath or affirmation, and particularly describing the place 
to be searched, and the person or things to be seized. 

ARTICLE V. 

No person shall be held to answer for a capital, or otherwise infamous 
crime, unless on a presentment or indictment of a grand jury, except in 
cases arising in the land or naval forces, or in the militia, when in 
actual service in time of war or public danger; nor shall any person 
be subject for the same offense to be twice put in jeopardy of life or 
limb; nor shall be compelled in any criminal case to be a witness 
against himself, nor be deprived of life, liberty, or property, without 
due process of law; nor shall private property be taken for public use 
without just compensation. 

ARTICLE VI. 

In all criminal prosecutions the accused shall enjoy the right to a 
speedy and public trial, by an impartial jury of the state and district 
wherein the crime shall have been committed, which district shall 

16 


242 CONSTITUTION OF THE UNITED STATES 


have been previously ascertained by law, and to be informed of the 
nature and cause of the accusation; to be confronted with the witnesses 
against him; to have compulsory process for obtaining witnesses in his 
favor, and to have the assistance of counsel for his defense. 

ARTICLE VII. 

In suits at common law, where the value in controversy shall exceed 
twenty dollars, the right of trial by jury shall be preserved, and no 
fact tried by a jury, shall be otherwise reexamined in any court of the 
United States, than according to the rules of the common law. 

ARTICLE VIII. 

Excessive bail shall not be required, nor excessive fines imposed, nor 
cruel and unusual punishments inflicted. 

ARTICLE IX. 

The enumeration in the Constitution, of certain rights, shall not be 
construed to deny or disparage others retained by the people. 

ARTICLE X. 

The powers not delegated to the United States by the Constitution, 
nor prohibited by it to the States, are reserved to the States respec¬ 
tively, or to the people. 

ARTICLE XI. 

The judicial power of the United States shall not be construed to 
extend to any suit in law or equity, commenced or prosecuted against 
one of the United States by citizens of another State, or by citizens 
or subjects of any foreign State. 

ARTICLE XII. 

1. The electors shall meet in their respective States, and vote by 
ballot for President and Vice-President, one of whom, at least, shall 
not be an inhabitant of the same State with themselves; they shall 
name in their ballots the person voted for as President, and in distinct 
ballots the person voted for as Vice-President,'and they shall make 
distinct lists of all persons voted for as President, and of all persons 
voted for as Vice-President, and of the number of votes for each, 
which lists they shall sign and certify, and transmit sealed to the seat of 


CONSTITUTION OF THE UNITED STATES 243 


the government of the United States, directed to the President of the 
Senate; the President of the Senate shall, in the presence of the Sen¬ 
ate and House of Representatives, open all the certificates and the 
votes shall then be counted; the person having the greatest number 
of votes for President, shall be the President, if such number be a 
majority of the whole number of electors appointed; and if no person 
have such majority, then from the persons having the highest numbers 
not exceeding three on the list of those voted for as President, the 
House of Representatives shall choose immediately, by ballot, the 
President. But in choosing the President, the votes shall be taken by 
States, the representation from each State having one vote; a quorum 
for this purpose shall consist of a member or members from two-thirds 
of the States, and a majority of all the States shall be necessary to a 
choice. And if the House of Representatives shall not choose a Presi¬ 
dent whenever the right of choice shall devolve upon them, before the 
fourth day of March next following, then the Vice-President shall act 
as President, as in the case of the death or other constitutional 
disability of the President. 

2. The person having the greatest number of votes as Vice-President, 
shall be the Vice-President, if such number be a majority of the whole 
number of electors appointed, and if no person have a majority, then 
from the two highest numbers on the list, the Senate shall choose the 
Vice-President; a quorum for the purpose shall consist of two-thirds 
of the whole number of Senators, and a majority of the whole number 
shall be necessary to a choice. 

3. But no person constitutionally ineligible to the office of President 
shall be eligible to that of Vice-President of the United States. 

ARTICLE XIII. 

1. Neither slavery nor involuntary servitude, except as a punish¬ 
ment for crime whereof the party shall have been duly convicted, shall 
exist within the United States, or any place subject to their jurisdiction. 

2. Congress shall have authority to enforce this article by appro¬ 
priate legislation. 

ARTICLE XIV. 

1. All persons born or naturalized in the United States, and subject 
to the jurisdiction thereof, are citizens of the United States and of the 
State wherein they reside. No State shall make or enforce any law 
which shall abridge the privileges or immunities of citizens of the 
United States; nor shall any State deprive any person of life, liberty^ 


244 CONSTITUTION OF THE UNITED STATES 


or property, without due process of law, nor deny to any person within 
its jurisdiction the equal protection of the laws. 

2. Representatives shall be apportioned among the several States 
according to their respective numbers, counting the whole number of 
persons in each State, excluding Indians not taxed. But when the 
right to vote at any election for the choice of electors for President 
and Vice President of the United States, Representatives in Congress, 
the executive and judicial officers of a State, or the members of the 
legislature thereof, is denied to any of the male inhabitants of such 
State, being twenty-one years of age, and citizens of the United States, 
or in any way abridged, except for participation in rebellion or other 
crime, the basis of representation therein shall be reduced in the pro¬ 
portion which the number of such male citizens shall bear to the whole 
number of male citizens twenty-one years of age in such State. 

3. No person shall be a Senator or Representative in Congress, or 
elector of President and Vice President, or hold any office, civil or 
military, under the United States, or under any State, who, having 
previously taken an oath, as a member of Congress, or as an officer of 
the United States, or as a member of any State legislature, or as an 
executive or judicial officer of any State, to support the Constitution 
of the United States, shall have engaged in insurrection or rebellion 
against the same, or given aid or comfort to the enemies thereof. But 
Congress may, by a vote of two-thirds of each house, remove such 
disability. 

4. The validity of the public debt of the United States, authorized 
by law, including debts incurred for payment of pensions ^nd bounties 
for services in suppressing insurrection or rebellion, shall not be 
questioned. But neither the United States nor any State shall assume 
or pay any debt or obligation incurred in aid of insurrection or 
rebellion against the United States, or any claim for the loss or emanci¬ 
pation of any slave; but all such debts, obligations, and claims shall be 
held illegal and void. 

5. The Congress shall have power to enforce, by appropriate legis¬ 
lation, the provisions of this article. 

ARTICLE XV. 

1. The right of citizens of the United States to vote shall not be 
denied or abridged by the United States or by any State on account 
of race, color, or previous condition of servitude. 

2. The Congress shall have power to enforce this article by appro 
priate legislation. 


INDEX 


, PAGE 

Acceptor.211 

Accessory to a crime. 215 

Actions, Civil. 163 

Acts of Trade. 25 

Adjournment. See Congress. 

Admiralty Law. 162 

Administrators. 213 

Admission of new States. 178 

Agency. 209 

Aliens. 192 

Ambassadors. 137 

Amendment XII. 123 

Amendment XIII. 187 

Amendment XIV. 61 

Amendment XV. 188 

Amendments. 182, 183 

Amnesty . 132 

Annapolis Convention. 40 

Annual Message. 148 

Appointments. 129 

Apportionment. 60 

Appropriations. 109 

Arbitration, International. 193 

Aristocracy .10, 12 

Armistice.133, 196 

Army. 102 

salaries and terms of officers of 169 

Arrest. 217 

Arson,. 217 

Articles of Confederation, adopted. 32 

attempts to amend. 39 

government under. 39 

outline of. 35 

Articles of Impeachment. 156 

Assaults.215, 216 

Attainder, Bills of. 109 

Attorney-General. 145 

Autocracy. 10 

Bail. 186 

Bailment. 209 

Bank. 142 

Bankrupt. 100 

Bankruptcy. 100 

Law defined. 100 

National, Laws. 99 

proceedings in. 100 

State, Laws. 101 

Belligerency, Recognition of. 196 

Belligerents,. 194 

Communications between. 195 

Obligations of neutrals and, to 

each other. 196 

Bigamy. 217 

Bill, Joint.' • . 

of Pains and Penalties. 110 


Bill of Rights, PACE. 

American .. . 183 

English. 23 

Bills,.. 77 

for raising revenue. 116 

passed over “President’s veto’’ 119 

of Attainder. 109 

of Credit. 112 

of Exchange;. 211 

Blockade. 197 

Bond and Mortgage. 207 

Borrowing power of Congress. 88 

Bribery. 158 

Burglary. 217 

Cabinet, appointment of. 134 

defined. 7 

in England and United States , 135 

meetings of. 135 

origin of. 134 

Call of the House. 74 

Capture at Sea. 196 

Cartels. 195 

Caveat. 93 

Census.62, 66, 147 

Cession. 191 

Charges d’Affaires. 138 

Charter Governments. 43 

Charter of Liberties. 20 

Plymouth and London Com¬ 
panies . 22 

Charters of Corporations.210 

Chattel Mortgages. 208 

Chattels. 203 

Checks. 211 

Circuit Courts, 

circuits and judges of. 160 

original jurisdiction of. 165 

Circuit Courts of Appeal, 

composition of. 160 

jurisdiction of. 166 

Citizens. 13 

effect of war on. 195 

rights of.98, 172 

Citizenship, determination of. 97 

National. 96 

of resident of a Territory. 177 

Civil Action. 163 

Civil Officers defined. 157 

Civil Rights. 202 

Civil Service Act. 130 

Civil Service Reform. 130 

Civil War defined. 194 

Classified Civil Service.130,142 

Clearance of Vessels. 86 

Coast Survey. 147 

Codicils. 213 












































































































246 


INDEX 


PAGE 

Coinage, State not to engage in.... 112 
under direction of Treasury 


Department. 141 

Collateral Security. 207 

Collectors of Customs. 84 

Collection of Revenues.84, 141 

Colonial Governments. 42 

Colonies, Classification of. 42 

Commerce. 85 

Commerce, Colonial,. 25 

demoralized state of. 40 

Commerce, Interstate. 87 

Commercial Agents. 140 

Commissions, International. 193 

Commissioner of Labor. 147 

Committee of States. 35 

Committee of the Whole. 78 

Committees in Congress.75, 77 

Committees of Correspondence.... 28 

Common Law defined. 162 

Commons, House of, first. 21 

permanently established. 22 

Commonwealth. 13 

Commutation of Sentence. 132 

Concurrent Resolution. 79 

Confederacies defined. 9 

monarchical. 15 

republican. 16 

Confederacy, Executive of the.... 120 
Confederation, Articles of. See 
Articles of Confederation. 

Conference Committees. 80 

Confiscation. 7 

Congress. 56 

adjournments of, limited .... 71 

committees of. 75 

constitutionality of acts of .. 80 

detention of members of. 70 

executive departments created 

by. 134 

general powers of. 105 

Houses of, contrasted. 64 

implied powers of. 105 

interaction of Houses of. 79 

journals of. 79 

legislative powers of. 80 

Librarian of. 147 

limitations on powers of. 80 

organization and method of 

work of. 71 

place of meeting of. 63 

power of, over acquired terri¬ 
tory. 176 

power of, over jurisdiction of 

courts. 165 

power of President to convene. 134 
power of, to admit new States . 178 
prohibitions on legislation of.. 107 

relations of President to. 117 

representation in.58, 62 

sessions of. 62 

territorial delegates in. 68 


See aho Continental Congress; 
House of Representatives; 
Representatives; Senate; Sen¬ 
ators. 

Congress of the Confederacy. 35 


PAGE 

Congress, Stamp Act. 26 

Congressional Districts.64, 65 

Congressional Record... 79 

Connecticut Compromise. 57 

Conscription. 6 

Consideration. 206 

Constitution defined ..7, 8 

Constitution, Federal, difference be¬ 
tween Confederation and.... 54 

method of amending. 182 

objections to. 50 

origin of. 52 

preamble to. 52 

ratification of. 182 

ratified. 51 

Constitutional Convention called... 40 

prominent delegates to. 46 

statesmen absent from. 48 

Constitutionality. 80 

Consular Agents. 140 

Consular Service. 139 

grades of. 139 

Consuls. 140 

Consul s-General. 140 

Continental Congress, First. 29 

Continental Congress, Second. 30 

Contraband of War. 197 

Contracts.113, 205 

conditions necessary for. ..... 205 
obligation of, not to be im¬ 
paired by States. 113 

of agency. 209 

of indorsement. 211 

of insurance. 210 

of marriage. 213 

of partnership. 209 

of sale. 208 

oral. 206 

under .seal . 206 

violations of. 212 

written. 206 

Convention (treaty). 132 

Copyrights. 93 

infringement of. 94 

issued by Librarian of Con¬ 
gress . 147 

method of securing. 94 

Corporations. 210 

Council of State. 7 

Counterfeiting. 90 

Court of Claims. 161 

jurisdiction of. 166 

Court of Impeachment. See Im¬ 
peachment. 

Court Officers. 161 


Courts. See Supreme Court; In¬ 
ferior Courts; District Courts; 
Circuits Courts; Circuit Courts of 
Appeal; Court of Claims. 


Crime. 215 

a capital, defined. 185 

an infamous, defined. 185 

Crimes, gainst per.sons. 216 

against property. 217 

against the state. 215 

Criminal Action. 163 

trial by jury in. 165 















































































































INDEX 


247 


PAGE 

Crown Colonies. 42 

Custom Houses. 84 

Customs. See Duties. 

Debate, Freedom of. 71 

Declaration of Independence. 31 

Declaratory Act. 27 

Deeds. 206 

recording.206, 208 

Delegates to Congress. 68 

Democracy defined. 13 

pure. 13 

representative. 13 

Department of Agriculture. 146 

of Justice. 145 

of State. 136 

of the Interior. 146 

Despotism. 10 

Diplomacy. 137 

Diplomatic Agents.. .. 137 

Diplomatic Commissioners. 138 

Diplomatic Privileges. 138 

Diplomatic Relations, severance of. 139 

Diplomatic Service. 137 

Direct Taxes levied.. .. 85 

Directors of Corporations. 210 

District Attorneys. 161 

District Courts.... IfiO 

original jurisdiction of. 165 

District of Columbia. 178 

Divorce . 213 

Domiciled Alien. 192 

Drafts. 211 

Duties, collection of. 84 

export, prohibited. 88 

specific and ad valorem.. 83 

States not to levy certain. ... 114 
tonnage. 114 


Election, of President and Vice- 

President.121, 128 

of Presidential electors. 124 

of Senators and Representa¬ 
tives. . .. 64 

Elections, Review of. 68 

Electoral College. See Presi¬ 
dential Electors. 

Electoral Votes, Counting of. 125 

Embargoes. 194 

Eminent Domain, Right of. 187 

Entry of Vessels. 86 

Equity. 162 

Estate.203 

for life. 203 

for years. 204 

in dower ..204 

in fee. 203 

Estates in personal property. 204 

in real property. 203 

Eviction. 204 

Excises ... .83, 85 

Executive. 120 

fear of, in State governments. , 44 

number of. 121 

reason for a separate . 120 

under the Confederation. 120 


PAGE 

Executive Departments created by 


Congress. 134 

official heads of. 136 

when created. 135 

See also under their respective 
names. 

Executive Function. 7 

Executive Sessions. 131 

Executors. 213 

Exequaturs. 139 

Expatriation. 192 

Ex Post Facto I.aws. 110 

prohibited. 109 

Extradition.173, 192 

Federal, Meaning of. 49 

Federal Governments. 9 

Federal Principle. . 17 

Federal Territory.104, 174 

Federalist, The. 5t 

Felonies. 215 

Filibustering. 78 

Foreclosure of a Mortgage. 207 

Franchise...203, 210 

Frank and franking privilege. 92 

Franklin, Benjamin. 47 

Fraud.;. 215 

Free Coinage. 144 

Freedmen. 188 

Freedom of Religion and Press.... 183 

Free Trade. 84 

Fugitive Slaves. 173 

Fugitives from Justice.173,192 

Gerrymandering. 66 

Government. 5, 6 

branches of. 7 

in a republic. 14 

ministry termed. 7 

of a State. See State Gov¬ 
ernments. 

of a Territory. 176 

of District of Columbia. 178 

plans of, discussed in Consti¬ 
tutional Convention ....... 48 

powers of. 6 

revolutionary, defined. 32 

system of, under Confederation 

35, 39 

Governments. 9 

aristocratic. 12 

confederated. 9 

democratic. 13 

hierarchical. 12 

monarchical. 10 

patriarchal. 10 

single...^. 9 

theocratic._. 10 

Governments of the Colonies. 42 

Grand Jury. 185 

Grand Larceny. 217 

Grantee. 206 

Grantor.. . 206 

Greenbacks. 144 

Guarantor. 208 

Guaranty.. . - . 208 


















































































































248 


INDEX 


PAGE 


Guardians . 214 

Habeas Corpus. 22 

not to be suspended. 108 

Habeas Corpus Act. .. 22 

Hamilton, Alexander. 47 

Hierarchies. 12 

High Crimes. 158 

High Seas..95, 191 

Ilostilities, Conduct of. 195 

Homicide. 216 

House of Commons. See Commons, 
House of. 

House of Representatives. 56 

change in. 63 

Committee of the Whole in... 78 

committees of. 75 

drawing seats in. 75 

formalities of organization of.. 74 

increase in membership of.... 62 

officers of. 72 

rules of. 77 

special powers of. 116 

similarity of, to House of Com¬ 
mons. 72 

Husband and Wife. 213 

Impeachment. 156 

conviction under an. 158 

grounds of. 158 

House’s sole power of. 117 

origin of. 157 

power of. 155 

procedure on. 157 

Senate’s sole power to try cases 

of. 117 

Implied Powers of Congress. 105 

Imposts. See Duties. 

Inauguration of President. 125 

Indictment . 185 

Indorsement. 211 

Inferior Courts. 159 

jurisdiction of. 165 

Insolvent. 100 

Inspectors of Customs. 84 

Insurance. 210 

policy of. 211 

Internal Revenue.. 85 

International Arbitration. 193 

International Commissions. 193 

International Law. 190 

Interstate Commerce. 87 

Interstate Commerce Commission.. 147 

Intervention. 191 

Intestate.212 

Joint Bill .. 79 

Joint Resolution. 79 

Joint High Commissions. 193 

Journals of Congress. 79 

Judgments of one State in another. 172 

Judicial Function defined. 7 

Judiciary. 154 

divisions of. 156 

establishment of. 155 

independence of. 155 

limitations on. . 163 


PAGB. 

Judiciary, necessity of a National. 154 


of the Confederacy. 154 

Jurisdiction. 162 

appellate. 162 

concurrent. 162 

limitations of, as to parties. . . 163 

limitations of, as to penalties. 164 

limitations of, as to subject. . 163 

of Circuit Courts. 165 

of Circuit Courts of Appeal. . . 166 

of Court of Claims. 166 

of District Courts. 165 

of Supreme Court. 164 

original. 162 

Jurisprudence, Origin of American. 162 

Jury Trial, in civil suit. 187 

in criminal action.165,186 

Landlord. 204 

Larcenj'’. 217 

Law. 4, 5 

admiralty. 162 

common. 162 

military. 103 

municipal.202 

Salic. 11 

statute. 162 

supreme, of the land. 181 

unwritten.162, 202 

written.162, 202 

Laws of Nations. 95, 190 

Laws, making, interpreting and en¬ 
forcing . 7 

Lease. 204 

Legal Tender. 143 

States not to make anything, 

but gold and silver. 112 

Legislation, method of. 77 

Lee, Richard Henry, Resolution by. 30 

Legislative Function defined. 7 

Legislative Powers. See Congress. 
Legislature, National. See Con¬ 
gress. 

Lessee. 204 

Lessor. 204 

Letters of Marque and Reprisal... 196 

not to be granted by States. .. 112 

Letters Patent. 93 

Libel.202,215 

Liberty, Personal. 203 

Librarian of Congress...... 147 

Liens.212 

mechanics’. 212 

Life-saving Service. 142 

Idghthouse Service. 147 

Locatio. 209 

Long Session. 63 

Loose Constructionists. 81 

Mace. 73 

Madison. James. 46 

Magna Charta. 20 

Mails, use of, limited .. 92 

Manslaughter. 216 

Marriage. 213 

Master and Servant .214 

Mechanic’s Liens. 212 











































































































INDEX 


249 


PAGE 

Messages of President. 148 

Military Law. 103 

Military Powers of Congress. 101 

of President. 129 

Militia. 103 

Ministers Plenipotentiary. 137 

Resident.. . 138 

Ministry defined. 7 

Mints. 90 

Misdemeanors.158, 215 

Mixed Commissions. 193 

Monarchies. 10 

absolute. 10 

constitutional. 11 

division of, as to powers. 10 

division of, as to succession ... 11 

elective. 11 

hereditary. 11 

limited. 11 

Monetary System. 89 

Monroe Doctrine. 191 

Morris, Gouverneur. 48 

Mortgagee. 207 

Mortgages. 207 

chattel. 208 

foreclosure of. 207 

recording.208 

Mortgagor.207 

Municipal Law. 202 

Murder.216 


Nation defined. 4 

National Banks. 142 

government supervision of.... 143 
liabilities of stockholders of.. . 143 

organization of. 142 

National Bank Notes. 144 

issuance of. 142 

National Credit. 181 

National Income. 85 

National Protection of States. 170 

Naturalization.97, 192 

Navy. 102 

Navy Department. 145 

Negotiable Paper. 211 

Neutral Trade. 197 

Neutrality. 196 

Neutrals. 194 

obligations of, and belligerents 

to each other. 196 

New .Jersey Plan. 49 

Congress in the. 57 

Nobility.,. . .. 10 

titles of, prohibited. Ill 

Norman Conquest, Effect of. 19 

Northwest Territory. 34 

delays ratification of Articles.. 33 

influence of, on Union. 40 

New York cedes claims to.... 34 

Virginia cedes claims to. 34 


Oath. 

Iron Clad. 

of Federal and State officers. . 

69,75, 

Otis, James, on Writs of Assistance. 


69 

69 

182 

26 


PAG* 


Pardons. 132 

examined by Attorney General. 145 

Parent and Child. 214 

Parliament in 18th Century. 56 

Partnership. 209 

Passports. 136 

Patent (for land). 204 

Patent, Letters. 93 

Patents. 93 

infringement of. 94 

issuance of. 146 

Peace made by Treaty. 133 

Peers. 21 

Pensions. 146 

People, Powers reserved to. 187 

Person. 163 

Persona Grata. . 139 

Persona non Grata. 138 

Personal Liberty. 203 

Personal Property. 203 

Personal Security. 202 

Petit Jury. 186 

Petit Larceny.217 

Piracy. 95 

Pocket Veto. 119 

Policy of Insurance. 211 

Polygamy. 184 

Ports of .Entry. 84 

Postal Service. 91 

Postal Treaties. 146 

Postmaster-General. 140 

Post Office Department. 145 

Post-offices. 92 

Post-roads. 92 

Powers of Congress. 80 

of President. 129 

of Senate and House respec¬ 
tively . 115 

reserved by Constitution. 187 

Preamble. 52 

Preferred Ports. 109 

Presentment. 186 

Presents to Officials Prohibited. ... Ill 

Presidency, Succession to. 128 

President. 120 

and legislation. 117 

annual and other messages of.. 148 

appointing power of. 129 

civil powers of. 129 

compensation of. 127 

duties of. 148 

establishment of office of. 121 

impeachment of. 158 

inauguration of. 12.^ 

military power of . 129 

modes of election of. 121 

pardoning power of. 132 

peace and armistice made by. 133 
power of, to conduct foreign 

relations. 132 

power of, to convene Congress. 134 

qualifications of. 126 

removals by . 131 

sole responsibility of. 149 

term of office of. 125 

veto power of. 118 

See also Executive. 






















































































































250 


INDEX 


PAGE 

President pro tempore of Senate. .. 72 


Presidential Electors, 

election of. 124 

meetings of. 124 

Principal and Agent.209 

Principal to a Crime.215 

I’rivateers. 196 

Prize. 196 

Prize Courts. 196 

Probate of Wills. 213 

Prohibitions, on Federal Govern¬ 
ment .108 

on Federal and State Govern¬ 
ments .107, 109 

on State Governments.112 

Promissory Notes. 211 

Property .203 

personal. 20.3 

protection to. 186 

real. 203 

Proprietary Governments. 42 

Protection. 84 

Protest of negotiable paper.212 

Provincial Governments. 42 

public Lands. See Northwest Ter¬ 
ritory. 

Punishment. 6 

Qualifications of President. 126 

of Representatives. 58 

of Senators. 58 

of voters for Representatives . 67 

Quartering of Troops.26, 184 

Quorum.73, 74 

Ratifications of a Treaty. 133 

Ratio of Representation. 61 

Real Property. 203 

Reciprocity. 84 

Registered Vessels. 86 

Rent.. 203, 204 

Representation, in Congress. 58 

in “free” and “slave” States. 60 

Representatives. 64 

apportionment of. 60 

compensation of. 69 

election of. 66 

House of. See House of Rep¬ 
resentatives. 

not to hold other office. 59 

oath of. 69 

qualifications of. 58 

residence of. 67 

salaries and terms of office of. 169 

vacancies in office of..... 68 

See also Congress. 

Reprieve. 132 

Reprisals. 194 

Republic.. 13 

government in a. 14 

Resolution of Independence. 30 

Retaliation . 84 

Revenue Cutters. 141 

Revolution, American, cause of. .. 25 

conditions at close of. 39 

Revolutionary Government . 32 

Right, of life. 202 


PAGH 

Right, of reputation.20? 

of way. 203 

Rights. 4 

absolute.202 

Bill of. See Bill of Rights. 

civil. 202 

of an accused persori. 185 

of colonists in America. 22 

relative. 213 

secured by Magna Charta.... 20 

Risk in Insurance. 211 

Robbery. 216 

Royal Colonies. 42 

Rules of Senate and House. 77 

Rules, International, in time of 

peace. 190 

in time of war. 194 

Salaries. 169 

Sales. 208 

Salic Law. 11 

Search. 207 

Search W^arrants. 184 

Secret Service. 141 

Secretary of State. 1 36 

Secretary of Treasury. 142 

Securities of the United States. .. 91 

Seignorage. 144 

Senate... 56 

confirmation of appointments 

by. 129 

committees of. 75 

executive sessions of. 131 

officers of. 72 

president of, the Vice-Presi¬ 
dent . 71 

rules of. 77 

similarity of, to House of Lords. 72 

stability of. 64 

See also Congress. 

Senatorial courtesy. 79 

Senators. 64 

compensation of. 69 

election of.*. 65 

not to hold other office. 59 

oath of. 69 

qualifications of. 58 

terms of. 58 

vacancies in office of. 65 

Sergeant-at-Arms. 73 

Servants. 214 

Sessions of Congress. 62 

Shipping Regulations. 86 

Short Session. 63 


Slave Trade not to be prohibited 

before 1808. 108 

Slavery... 108 

abolished by Amendment 

XIII . 187 

Stockholders. 210 

Society. 3 

Sovereignty .. 4,5 

recognition of. 190 

Speaker of House. 72 

compensation of . 70 

election of. 74 














































































































INDEX 


251 


PAGE 

Speaker of House, influence of, on 


legislation. 76 

Spoils System. 130 

Stamp Act.26, 27 

Stamp Act Congress. 26 

State defined. 3 

State Bonds. 113 

State Comity. 172 

State Governments,. 171 

change of colonial to. 43 

character of. 43 

modeled on English system... 44 

State Rights . . .. 171 

States, admission of new. 178 

national protection of. 171 

powers reserved to. ... 187 

prohibited from malting 

treaties, etc.112 

republican form of govern¬ 
ment .170, 171 

restrictions on and require¬ 
ments of, under Articles.... 37 

Statute Law . . 162 

Strict Constructionists. 81 

Subjects. 10 

Suffrage. 97 

Suicide. 216 

Supreme Court. 159 

appeals directly to. 166 

jurisdiction of. 164 

Supreme Law of the Land. 181 


Tariff. 83 

See also Duties. 

Taxation. 81 

federal and state. 87 

restrictions of powers of. 87 

Taxes. 81 

direct .82, 109 

indirect. 82 

limited by Magna Charta. 20 

Tenant.^. . 204 

Territorial Citizenship. 177 

Territorial Governments. 176 

Territorial Judiciary. 177 

Territorial Legislature. 177 

Territorial Officers. 176 

Territorial Rights. 191 

Territorial Waters. 191 

Territories, Delegates to Congress 

from. 68 

Territory,. . . . 191 

acquisition of. 174 

Congressional power over an¬ 
nexed. 176 

Federal.104, 174 

•Testaments...212 

Testator...212 

Theocracy. 19 

Title. 204 

abstract of.^.207 

by act of the parties. 204 

by descent. 204 

by devise. 204 

by gift. 205 

by grant. 204 


PAGE 

Title, by last will and testament .. 205 


by operation of law. 205 

by sole act of the owner.205 

Titles of Nobility Prohibited. Ill 

Tonnage Duty. 114 

States not to lev^y. 114 

Torts. 215 

Townshend Acts.27,28 

Treason. 158 

Treasury Department. 141 

Treasury Notes. 144 

Treaties. 132 

effect of war on. 194 

making of. 133 

of peace. 196 

subjects of. 193 

Truces.195,196 

Trustees of Corporations.210 


Ultimatum. 194 

Uniform Taxes defined. 83 

Union. See Governments, Con¬ 
federated. 

United States Commissioners.161 

United States Marshals. 161 

United States Notes. 144 


Vacancy, in Office of President. 

Representative. 

Senator. 

Vendee . 

Vendor . 

Veto. 

President’s power of. 

use of, in England. 

Vice-President. 

duties of. 

election of. 

president of Senate. 

Virginia Plan..^. 

Congress in the. 

Visit and Search. 

Voters, Qualifications of. 


... 128 
... 68 
... 65 

... 208 
.. 208 
... 14 

... 118 
... 119 
... 120 
... 127 
122,128 
... 71 


.49,50 
.. 57 

.. 198 

.. 67 


War. 194 

contraband of. 197 

effect of, on citizens. 195 

effect of, on treaties. 194 

War Department . 144 

War of Independence. See Revo¬ 
lution, American. 

Ward. 214 

Warrant of Arrest. 217 

Washington, George. 46 

Weather Bureau. 146 

Weights and Measures...89,90 

Will, Title by. 205 

Wills. 212 

codicils to. 213 

executors of. 213 

probate of. 213 

Wilson, James. 48 

Writ. 22 

Writs of Assistance. 25 

Wrongs. 215 

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SPEAKER CHAMP CLARK 
GOV. HERBERT S. HADLEY 


SENATOR JAMES A. REED 
SUPT. WILLIAM P. EVANS 










SUPPLEMEST TO 


GOVERNMENT: ITS ORIGIN, GROWTH 
AND FORM IN THE UNITED STATES 

By R. LANSING and G. M. JONES 


THE GOVERHMEHT 
OF MISSOURI 


BY 

CHARLES P. CARTER 


U 

STATE SENATOR, MISSOURI 



SILYEK, BUKDETT AND COMPANY 

BOSTON NEW YORK CHICAGO 





Copyright, 1905, 1912, nv 
SILVER, BURDETT AND COMPANY 


4 I' (f 0 

CC!.A3I4l>7f! 


7, 


K 

I 

The 

^ Government of Missouri. 

CHAPTER I. 

INTRODUCTION. 

In the preceding chapters of this work the elements of 
national government have been given with some degree 
of detail. In the following pages will be found the sali¬ 
ent features of the government of Missouri as they have 
been embodied in the constitution and laws of the State. 

The States.—Each State maintains a separate govern¬ 
ment of its own. Each has a constitution which pre¬ 
scribes, in a general way, the duties, rights, and privi¬ 
leges of its citizens, and outlines the powers, duties, and 
limitations of its legislative, executive, and judicial offi¬ 
cers. Each of the Thirteen Colonies became a State 
with power to manage its own local affairs, and each 
retained in its fundamental law such provisions as to 
details of organized government as its own history and 
experience seemed to justify. In many respects the 
State is closer to the individual citizen than the Na¬ 
tional Government, and hence it may the more readily 
bring the means of protection and relief. 

The Nation.—Experience soon taught the people the 
need of some central authority to take charge of the 
interests which were common to all the States. Such 


8 


THE GOVERNMENT OF MISSOURI 


matters as naturalization, trade among the States, and 
the carrying of the mail gave rise to many perplexing 
questions. Out of this lack of singleness of power and 
authority complications arose which greatly endangered 
the peace of the colonies and threatened the trade with 
other nations. After several unsuccessful attempts to 
agree upon a plan of general government, the present 
National Constitution was formed and adopted. Each 
State surrendered control of those interests which were 
common to all the States, while the States or the people 
retained all powers not delegated to the general govern¬ 
ment. The Nation did not delegate powers to the 
States, but the people of the States delegated certain 
powers to the Nation. The Constitution of the United 
States expressly declares that ‘‘ the powers not dele¬ 
gated to the United States by the Constitution, nor 
prohibited by it to the States, are reserved to the States, 
respectively, or to the people.’’ (Amendment X.) 
Again it says: ‘^The enumeration in the Constitution 
of certain rights shall not be construed to deny or 
disparage others retained by the people.” (Amendment 
IX.) All power, then, originates with the people, and 
is retained by them unless they choose and agree to 
surrender it. 

State Jurisdiction.—The larger portion of the functions 
of government rests with the States. “ They are the 
chief creators of law among us. They are not only the 
chief constituent units of our political system, but are 
also self-directive units. They make up the mass, the 
body, the organic stuff, of the Government of the coun¬ 
try.” (Woodrow Wilson.) Among the powers retained 
by the States are the regulation of suffrage, education. 


INTRODUCTION 


9 


and marriage; the making of laws for the use, possession 
and distribution of property; and the enactment and 
enforcement of most of the criminal laws. The States 
provide courts of justice for the adjustment of property 
and personal rights. The States assess and collect the 
taxes needed to defray the cost of local government, take 
care, by means of asylums and other institutions, of 
paupers, insane persons, and the lame and blind and 
other defectives. Most States regulate by law, railroad, 
insurance and express companies, and limit the power 
of other corporations doing business within their 
borders. 

National Jurisdiction.—The laws of the Nation take 
cognizance of such matters as are of general interest, 
such as the coinage of money, the establishment and 
maintenance of post-offices and post-roads, and the 
granting of copyrights and patents. Congress may de¬ 
clare war, raise and support armies, establish and main¬ 
tain a navy, and provide for calling forth and organizing 
the militia. The regulation of conunerce with foreign 
nations and among the several States, the adoption of 
rules for naturalization, and the collection of duties, 
imposts and excises, are subjects left also to the National 
Government. 

The Constitution.—The constitution of a state or 
country is its fundamental law. The laws made by the 
legislature, their enforcement by executive officers, and 
their interpretation by the courts must accord with the 
provisions of the constitution. According to the best 
authorities, it should contain the following features: (1) 
A definition of the political state; that is, a statement 
of the rights, powers and duties of the voter; (2) The 


10 


THE GOVERNMENT OF MISSOURI 


structure of the government should be given; that is, it 
should contain the three departments, legislative, ex¬ 
ecutive and judicial; (3) The limitations of government 
should be stated in the Bill of Rights; (4) Provision 
should be made for the amendment of the constitution. 
The Constitution of Missouri contains all of these pro¬ 
visions, and expressly declares that no officer who be¬ 
longs to one of the departments of government shall 
exercise any power properly belonging to either of the 
others,^’ except as otherwise directed by the constitu¬ 
tion. 

How Made.—Constitutions are usually made by con¬ 
ventions called for that purpose. They may be or they 
may not be ratified by a vote of the people. The first 
Constitution of Missouri was not submitted to a vote of 
the people, but became effective at once without ratifi¬ 
cation. As the members of a constitutional convention 
are selected by the people to do this specific work, the 
presumption is that they represent and reflect the will 
and desire of their constituents. The Constitution of a 
State, however, is its fundamental law, and both the 
science of government and the almost universal practice 
of the States require that it be submitted for ratifica¬ 
tion to the supreme authority within the State—the 
people. 

In 1908 the people of Missouri adopted the initiative 
and referendum. By this method, the people, inde¬ 
pendent of any convention or the Legislature, may 
make any change in their constitution, or, in fact, 
make an entirely new constitution. All initiative peti¬ 
tions submitted to the Secretary of State “ shall contain 
at least eight per cent (8%) of the legal voters in each 


INTRODUCTION 


11 


of at least two thirds of the congressional districts of 
the State before the Secretary of State is authorized to 
submit the proposition to a vote/’ Referendum peti¬ 
tions must be submitted within ninety (90) days after 
the adjournment of the Legislature, and such petitions 
shall contain five per cent (5%) of the legal voters as 
above mentioned. 

Number of Constitutions.—Missouri has had three 
Constitutions. The first was framed and adopted in 
1820, prior to the admission of the State into the 
Union. The second, which was the outgrowth of the 
Civil War, was adopted in 1865, and the third, which is 
the constitution now in force, was adopted in 1875. 
Each was framed by a convention composed of dele¬ 
gates elected for that purpose, and the second and 
third constitutions were submitted to the people for 
their ratification. 

Amendments.—The General Assembly may at any 
time submit amendments to the constitution to a 
vote of the people. To become a part of the constitu¬ 
tion they must receive a majority of the votes cast 
upon the question. Many such additions have been 
made to the constitution now in force. The General 
Assembly may also submit to a vote of the people the 
question of calling a convention for the purpose of 
revising the Constitution of the State. If the proposi¬ 
tion is ratified by a majority of the votes cast, then 
an election is held and each senatorial district elects 
two delegates for each senator to which it is entitled. 
The convention thus composed shall revise the consti¬ 
tution and submit the same to a vote of the people for 
their ratification or rejection. 


12 


THE GOVERNMENT OF MISSOURI 


The Present Discussion.—In presenting the local and 
State features of Missouri Government, the smaller 
units will be treated first. The main topics will be the 
town and city, the township, the school, the county, 
and the State as such. The discussion will include an 
examination of the method of election, qualifications, 
and duties: (1) of constables, justices of the peace, and 
school and county officers; (2) of representatives and 
senators of the Legislature, and the various State 
executive officers; (3) of the judges of local and State 
courts, and the duties of the various officers who serve 
them. Elections in Missouri and the qualifications of 
voters, and the methods of securing revenue to defray 
the expenses of the government will be the final features 
of this discussion. 


CHAPTER II. 


THE PUBLIC SCHOOL. 

Necessity.—In the development of organized gov¬ 
ernment the school was one of the first units to receive 
attention by the public. At first the minister of the 
church was the teacher of the children of the commu¬ 
nity ; then came the private tutor; then the subscription 
school, to which the families of the neighborhood sent 
their children on the payment of a small fee; next the 
seminary or college was organized; and finally, the 
organized public school was decided upon as the cheap¬ 
est, the most efficient, and the most universally accept¬ 
able. Thus the necessity for the school found recogni¬ 
tion in the acts of the Legislature. Laws were made 
providing for the selection of school officers, the regula¬ 
tion of attendance, and the assessment and collection 
of school revenues for the erection of schoolhouses and 
the payment of teachers. The parents were only too 
glad to turn their children over to this special educa¬ 
tional agency, which they feel can render far better 
service than their homes can afford.” (Small and 
Vincent.) 

School Districts.—For educational purposes, the 
county is divided into school districts; however, under 
certain conditions, a district may be composed of parts 
of two or more counties. Separate schools are main- 


14 


THE GOVERNMENT OF MISSOURI 


tained for the two races. Public school must be main¬ 
tained in each district for at least eight months of the 
school year, provided forty cents on the hundred dollars’ 
assessed valuation, together with the public funds, 
shall be sufficient to maintain said school. Districts 
refusing to comply with this requirement are deprived 
of all public moneys for that year and their territory 
may be attached to adjoining districts. Weak dis¬ 
tricts may receive additional State aid, but they must 
make the maximum levy of sixty-five cents on the 
hundred dollars’ valuation and must also make an 
average daily attendance of fifteen pupils. For other 
conditions see Section 10846, Laws of 1909. 

Size and Shape. —The only limitation as to size of 
the district is that it shall contain at least twenty 
pupils of school age. A colored school may be organ¬ 
ized, however, if there are fifteen such pupils in the 
district. No regular shape for a district is prescribed, 
but the boundaries are frequently determined by water¬ 
courses, farms, section lines, and other elements of 
convenience. 

Annual Meeting. —On the first Tuesday in April the 
qualified voters of the district meet in annual session 
to transact certain public business. They determine 
the length of the school term, if it is to exceed eight 
months, and fix the rate of tax, if any, in excess of forty 
cents on the one hundred dollars. They vote money for 
the purchase of books for the library, and vote upon 
any proposed changes in the boundaries of the district. 
They direct the sale of property no longer needed for 
school purposes; and in election years they vote for 
County School Superintendent. If a schoolhouse is to 


THE PUBLIC SCHOOL 


15 


be erected or a site selected, they also determine these 
questions as directed by law. They select by ballot 
one director who is to serve for three years, and if a 
vacancy exists in the board of directors, they fill it in 
the same manner. 

Board of Directors. —The management of the school 
is vested in a board of directors composed of three 
members, elected by the qualified voters of the dis¬ 
trict. They serve for a term of three years, one 
being elected every year. Each director must be a 
citizen of the United States, a qualified voter of the 
district and a resident taxpayer, and must have paid a 
State and county tax within one year next preceding his 
election. The officers of the board are a president and 
a district clerk, the former being a member of the body. 

Duties and Powers. —It is the duty of the board to 
employ a legally qualified teacher, to fix his compen¬ 
sation and term of service. The board must provide 
fuel, care for the school property, and purchase maps, 
globes, and other necessary apparatus. It makes 
needful rules and regulations for the organization, grad¬ 
ing, and management of the school, and has power to 
suspend or expel pupils for disorderly conduct. It 
manages the financial interests of the district, being 
limited only by the law and the will of the people as 
expressed at the annual meeting. 

District Clerk. —The District Clerk is selected by the 
board of directors. It is his duty to keep a record 
of all annual and special meetings of the voters of the 
district, and also of the proceedings of the board. He 
files election notices, teachers' certificates and contracts 
and other papers. On or before the fifteenth of July, 


16 


THE GOVERNMENT OF MISSOURI 


he must make to the county superintendent detailed 
report concerning the school, including a census of the 
school population, the value of the school property, and 
the items of expense in running the school. He fur¬ 
nishes the teacher with a properly ruled register in 
which to keep such items of enrollment as are required 
by law. 

School Periods. —In Missouri the school day con¬ 
sists of six hours occupied in actual school work; the 
school week consists of five days, except when Thanks¬ 
giving Day, December 25th, February 22d, or July 4th 
fall upon a regular school day, then the four remaining 
school days, if taught, constitute a regular school week. 
The school month consists of four weeks; and the school 
year begins on the first day of July, and ends on the 
thirtieth day of June following. 

Village Schools. —A city, town, or village, or a dis¬ 
trict having two hundred or more children, may 
organize into a school district possessing special privi¬ 
leges. The board of directors in this case is composed 
of six members, two of whom are chosen every year for 
a term of three years. The officers of the board are 
president, vice-president, secretary and treasurer. 

Elections. —In village districts the school elections 
are held at the same time as in other districts, but the 
polls are open from seven o’clock in the morning until 
six o’clock in the afternoon. The school board appoints 
three judges, and the judges appoint two clerks; but 
in cities of more than two thousand and less than one 
hundred thousand inhabitants, the election shall be 
held at the same time and place as the election of 
municipal officers, and the same judges and clerks may 


THE PUBLIC SCHOOL 


17 


serve for both, though the municipal and school ballots 
must be kept separate. 

Powers of Boards.—Village, town, or city boards 
of directors may annex entire districts or parts of 
districts whenever the citizens of such districts shall 
determine in favor of the same. In cities of more than 
five thousand and less than one hundred thousand 
inhabitants they may purchase sites for school offices, 
libraries and schoolhouses, and direct the sale of real 
estate belonging to the district. They may also accept 
gifts and donations for the endowment of libraries and 
for the purchase of books. 

Finances.—The financial theory of the public school 
system is based upon the doctrine that all property 
should be taxed for the support of schools, irrespective 
of private interests or individual preferences. This 
theory is justified upon the ground that education is a 
public good, improving the industrial and financial 
conditions, developing a better character of citizenship, 
and bringing to the individual knowledge and power, 
which add greatly to his productive capacity. Hence 
the expense of maintaining a system of schools is 
assessed against all property in proportion to value. 

State Fund.—There is a permanent fund derived 
from several sources and invested in certificates of 
indebtedness against the State. These certificates, 
which amount at this time to between three and four 
millions of dollars, draw interest at the rate of five and 
six per cent, per annum. This interest, together with 
one-third the State’s revenue, which is appropriated 
by the Legislature to the public schools, will soon reach 
the two-million mark annually. The interest on the 


18 


THE GOVERNMENT OF MISSOURI 


county funds is nearly a half million; the income from 
the township funds is over one hundred thousand, but 
is gradually decreasing; the income from special funds 
is nearly one hundred thousand, and on the increase; the 
income from railroad taxes is nearly eight hundred thou¬ 
sand, and rapidly increasing. In addition to the incomes 
of all these funds, the people are now paying between 
ten and eleven millions of dollars direct taxes for 
school purposes, which brings the grand total for school 
expenditures each year in the State of Missouri up to 
over fourteen million dollars. The sum total of the 
'permanent funds now, 1912, amounts to $14,245,261.19; 
this is the State, county, township, and all other funds 
combined. Under a law of 1911, about one-half of 
the State fund is apportioned on the number of teachers 
in the State, generally fifty dollars being set aside for 
each teacher the district employs, and the balance of 
the money is apportioned on the total number of days’ 
attendance. By this method the State pays for regu¬ 
larity and longer terms. 

County Fund.—Then there is a permanent county 
fund which is derived (1) from interest on invested 
school funds, (2) from the sale of estrays, (3) from pen¬ 
alties and forfeitures, (4) from fines for breach of the 
penal or military laws of the State, and (5) from all 
moneys paid for exemption from military duty. The 
County Court is required to lend this fund for the 
highest interest that can be obtained, not exceeding 
eight nor less than four per cent, per annum.” The 
proceeds of the fund are apportioned each year by the 
County Court to the several districts, basing the distri¬ 
bution upon the number of children resident therein. 


THE PUBLIC SCHOOL 


19 


Township Fund.— This fund is derived from the 
sale of the sixteenth section, or lands selected in lieu 
of it, all rents and profits derived from such lands, and 
all interest and profits arising from the capital of the 
fund. The County Court keeps a separate account 
with each township, and lends the fund under the same 
restrictions as are provided in the case of the county 
fund. 

Special District Fund. —Many of the school districts 
of the State have special funds, arising from grant, 
gift, devise, or special legislation.^^ 

Tax Levy.—All school boards are allowed to levy 
as much as forty cents on the one hundred dollars’ 
assessed valuation without a vote of the people. In 
towns the rate may be increased by a vote of the tax¬ 
payers to one dollar on the one hundred dollars for 
school purposes, and also one dollar on the one hundred 
dollars for building purposes. In addition they may 
create a sinking fund by levying forty cents on the 
hundred dollars’ valuation and a sufficient amount to 
pay interest on the bonded indebtedness.” In other 
districts the taxpayers may increase the levy to sixty- 
five cents on the hundred dollars for school purposes, 
and sixty-five cents on the hundred dollars for building 
purposes. See Section 10825, Statutes 1909. The 
average levy in town schools is ninety-one cents (91c.) 
on the one hundred dollars, and fifty-one cents (51c.) 
in country schools. 

Teachers’ Examinations. —The County Superintend¬ 
ent of public schools holds three public examinations 
of two days’ each in March, June, and August of 
each year. All questions are furnished by the State 


20 


THE GOVERNMENT OF MISSOURI 


Superintendent. Three grades of certificates are issued: 
third grade, valid for one year, in the county in 
which issued; second, valid for two years, in the 
county and may be indorsed by superintendents in 
adjoining counties; first grades are good for three years, 
anywhere in the State, because the State Superintendent 
grades the papers of the first-grade teachers. Third- 
grade teacher^ must make an average of eighty per 
cent, on the common-school subjects; second grades 
must make an average of eighty-five per cent., and 
include algebra and literature in their examination; 
first grades must make an average of ninety per cent., 
and pass in higher history and at least one branch of 
science. An applicant must have eight months^ ex¬ 
perience in teaching before obtaining a first-grade 
certificate. All teachers must possess good moral 
character. Grades made in the summer schools of the 
State educational institutions are good; and grades 
made in the county examinations, where the papers 
are graded by the State Superintendent, are good in 
any part of the State. However, all grades “ made 
under the provisions of this article become void if the 
holder thereof ceases to be engaged in active educa¬ 
tional work as a teacher, a student in school, a super¬ 
visor or administrator in school work, for a period of 
two consecutive years.’’ The State Superintendent 
may also issue certificates good for five years or for 
life. Graduates of the State Normal Schools, and of 
the Teachers’ College at Columbia are given diplo¬ 
mas to teach anywhere in the State. 

County Textbook Commission. — The county text¬ 
book commission is composed of three members,— 


THE PUBLIC SCHOOL 


21 


the superintendent of schools, ex-officio president of 
the commission, and one member appointed by the 
County Court and one by the State Board of Educa¬ 
tion. Much of the success of the schools depends upon 
this commission, as they have the power to contract 
for the textbooks for five years, for their respective 
counties, and select the kind and quality of books. In 
cities having more than one thousand children of school 
age, and in towns having a high school affiliated with 
the State University, the Board of Directors of the 
schools selects the books. 

GENERAL FACTS. 

Encouraging Facts.—Missouri employs over eighteen 
thousand teachers. She spends over fourteen millions 
annually on public schools. She spends about fourteen 
dollars for the education of each child, when the 
average for the Union is only four dollars and twenty- 
seven cents each year. Missouri distributes her State 
school money so as to encourage longer terms, more 
regular attendance, and the employment of a proper 
number of teachers. Missouri has a compulsory school 
law covering the ages from eight to sixteen. She has a 
new law on the free transportation of pupils. All com¬ 
parisons with past statistics show a steady improvement 
in the public schools. 

Sober Facts.—The average daily attendance of the 
school enrollment in Missouri is only sixty-nine per 
cent. (69%). Only forty-five per cent. (45%) of the 
children in the towns attend the public schools, and 
fifty-three per cent. (53%) in the country. Seven 
counties have no high schools of any kind. Over seven 


22 


THE GOVERNMENT OF MISSOURI 


hundred (700) schools have less than six (6) months 
school per year. 

State Institutions.—Missouri maintains in a credit¬ 
able manner twenty odd state institutions — from a 
poultry farm to a university. The University is 
located at Columbia and is under the control of nine 
curators appointed by the Governor. They maintain 
nine or ten different departments of learning, including 
the School of Mines at Rolla, Missouri. It is one of 
the great schools of the West, and one of the serious 
problems confronting the people of the State is the 
creation of a fund to maintain the University inde¬ 
pendent of the Legislature. 

For the training of teachers, Missouri maintains 
five normal schools for white and one for colored 
teachers. These are located at Kirksville, Warrens- 
burg. Cape Girardeau, Maryville, Springfield, and 
Jefferson City. These schools are managed by boards 
of regents appointed by the Governor. 

Missouri supports four hospitals for the insane. 
These are located at Fulton, St. Joseph, Nevada, and 
Farmington. A School for the Blind is located at St. 
Louis. A Federal Soldiers^ Home is at St. James, and 
a Confederate Soldiers’ Home at Higginsville. There 
is a colony for the feeble-minded at Marshall, and a 
school for the deaf and dumb at Fulton. An Industrial 
Flome for Girls is at Chillicothe, and a Boys’ Home is 
maintained at Boonville. The Penitentiary is located 
at Jefferson City, and is presided over by a Warden 
appointed by the Governor. The fruit experiment 
station is at Mountain Grove, as is also the poultry 
station. A sanitarium is maintained at Mt. Vernon. 


CHAPTER III. 

CITIES, TOWNS AND VILLAGES. 

Functions. —County and township organizations do 
not satisfy all of the needs of all of the people. Some 
portions of territory become more densely populated 
than others, forming what are known as cities, towns 
and villages. More elaborate organizations of govern¬ 
ment become necessary to meet the demands of these 
compactly formed communities. 

Relation to County. —With the exception of St. Louis, 
every city, town and village is an integral part of some 
county of the State, and its inhabitants are subject to 
the jurisdiction of county officials. The citizens of the 
town pay State and county taxes, take part in the elec¬ 
tion of county officers, and also enjoy all of the benefits 
arising from the county organization. 

Nature of Government. —The city or town does not 
present an example of perfectly organized government, 
since it possesses only limited legislative powers. The 
Legislature of the State prescribes very largely the rules 
and regulations for its management, the city making 
laws upon such matters as arise from peculiar and ex¬ 
clusive local needs, limitations and conditions. Its 
legislative body is subject to the rules prescribed by the 
State, while it concerns itself with matters of local inter¬ 
est, such as the care of streets, the building of parks, and 
the collection of taxes for the payment of local expenses. 


24 


THE GOVERNMENT OF MISSOURI 


The laws of the State delegate powers and prescribe 
limitations within which the functions of the city must 
be exercised. Health regulations are needed, streets 
must be made, and police protection provided. Water 
and lighting systems must be installed and regulations 
made concerning travel and transportation. Public 
libraries, hospitals and other institutions are needed 
and established. Laws are made which prohibit gam¬ 
bling within the hmits of the city, which prevent or 
regulate the sale of intoxicants, and which provide for 
the punishment of those who violate the ordinances of 
the city. 

Classes.—The General Assembly, by the authority 
of the Constitution, has provided for the organization of 
cities into four classes; viz., first, second, third and 
fourth. All cities of any class possess the same general 
powers, and are governed by the same general laws. 

First Class. — All cities and towns containing one hundred 
thousand or more inhabitants. [However, under Article 2, 
Chapter 84, Statutes of 1909, cities containing more than 
seventy-five thousand, and less than one hundred and fifty 
thousand, may elect to become cities of the first class.] 

Second Class. — Those containing thirty thousand and less 
than one hundred thousand inhabitants. 

Third Class. — Those containing three thousand and less 
than thirty thousand inhabitants. 

Fourth Class. — Those ranging in population from five 
hundred to three thousand, and towns organized under 
special charters. 

Villages. — A class known as villages is recognized by the 
laws of the State, and includes all towns with less than 
five hundred inhabitants, except those organized under 
special charters. 


CITIES, TOWNS AND VILLAGES 


25 


Many of the cities and towns of the State have not 
taken advantage of this provision, but they remain 
under the organization they had before the adoption of 
the last constitution. 

Incorporation.—Any city or town organized under 
any general law or special charter may, by a vote of 
its people, elect to become a city of the class to which 
its population will entitle it. It is then governed by the 
general laws prescribed for cities of its class. In the 
case of a village the County Court has the power to 
declare its incorporation on the petition of two-thirds 
of its inhabitants. 

Corporate Powers.—Cities may sue and be sued. 
They may purchase and hold personal and re^l property 
and dispose of the same. They may own or regulate 
all public utilities, such as water power, light plants, 
street-car lines, etc. The city, for its own purposes, can 
lay and collect taxes and in a general way spend the 
money for any public good. 

Legislative.—Cities elect legislative, executive and 
judicial officers, but the scope of their power varies 
with the number of inhabitants. In cities of the first 
class the legislative body is known as the Municipal 
Assembly. It consists of two branches—the Council, 
composed of thirteen members, elected from the city at 
large, and the House of Delegates, composed of one 
member from each ward, elected by the voters thereof. 
In all cities organized under Article 2, Chapter 84, 
Laws of 1909, the legislative authority is vested in a 
council of five members. In cities of the second class 
the legislative power is vested in the Common Council, 
This body is composed of two Aldermen from each ward. 


26 


THE GOVERNMENT OF MISSOURI 


one being selected by the voters of the city at large, and 
the other being elected by the voters of the ward. In 
cities of the third class the legislative body is known as 
the Council. It is composed of two Aldermen from 
each ward, selected by the qualified voters thereof. In 
cities of the fourth class the legislative power is vested 
in a Board of Aldermen composed of not less than four 
members. 

Executive.—Provision is made in all cases for a chief 
executive officer whose duty it is to see that the laws 
and ordinances of the city are duly enforced. In 
cities of each class this power is vested in the Mayor, 
who is elected by the qualified voters. His powers are 
greater and his duties more numerous in cities of the 
higher classes. 

Judifcial. —The judicial power, the power to in¬ 
terpret and apply the law, is vested in the Police Judge. 
In cities of the first class two Police Judges are appointed 
by the Mayor; in those of the second and third classes, 
one Police Judge is elected by popular vote; and in 
cities of the fourth class the Mayor performs these 
duties unless provision is made by ordinance for the 
election of a Judge by the people. These officers are 
the conservators of the peace in their respective cities, 
and have power to assess fines for the violation of 
ordinances. 

Villages.—Villages have a very simple organization. 
Both legislative and executive functions are vested in 
the Board of Trustees of the village, while the chairman 
of the board hears and determines offenses against the 
laws of the town. 


CITIES, TOWNS AND VILLAGES 


27 


Special Charters.—Many cities and towns have been 
organized under special laws or charters. These may 
remain under their present form of government or 
elect to organize under the general laws for the class 
to which they naturally belong by reason of their popu¬ 
lation. By authority of the Constitution, cities having 
more than one hundred thousand inhabitants may 
frame and adopt a charter of their own, provided the 
charter does not violate the laws or Constitution of the 
State. 


CHAPTER IV. 


THE CONGRESSIONAL TOWNSHIP. 

Defined.—A congressional township is a body of 
land, six miles square, bounded by range and congres¬ 
sional township lines. It is so called because the surveys 
were made under an act of Congress. The object of the 
congressional township is for the purpose of locating 
lands that they may be taxed and properly transferred. 
It is in no sense a political division. In fact, it may lie 
in two or more counties, or may even cross State lines. 
It is located by range and township numbers. 

Public Lands.—By treaty, cession, conquest, and 
purchase, the United States Government has acquired 
large areas of public land. To speak in round num¬ 
bers,’’ says Hart, the original area of the United 
States was doubled by the Louisiana cession; almost as 
much was added out of Mexican territory; and Oregon 
and Alaska together make up the fourth quarter of 
the present area.” Among the provisions granted to 
Congress by the Constitution was the power to dispose 
of the public lands. In the exercise of this power, the 
National Government has disposed of thousands of 
acres to individuals. States, towns, corporations, and 
educational and benevolent institutions. In the West¬ 
ern country there are still large areas of land belonging 
to the Government and still subject to homestead and 
cash entry, but in Missouri the better lands have been 


THE CONGRESSIONAL TOWNSHIP 


29 


taken up. However, there are still several thousand 
acres of land open to entry in the southern part of the 
State. 

Land Surveys.—But before these lands could be trans¬ 
ferred to others it was necessary that they should be sur¬ 
veyed and properly marked or designated. The system 
known as the triangular system of surveys was 
adopted by the United States, by which the lands are 
marked off into ranges, townships, sections and parts 
of sections. By this means tracts of land are definitely 
located and described, and records properly made and 
easily read. Descriptions of the original Government 
surveys are kept in the land offices established in differ¬ 
ent parts of the country. One of these land offices is 
located at Springfield, Missouri. 



Townships. —Base lines and prime meridians have 
been established at convenient distances. Base lines 
extend east and west and meridians north and south, 
cutting each other at right angles. From these as start¬ 
ing points other lines are surveyed six miles apart, form- 





30 


THE GOVERNMENT OF MISSOURI 


ing what are known as townships. A township, there¬ 
fore, is six miles square and contains thirty-six square 
miles or sections. Townships are designated by their 
number north or south of the base line. See Figs. 1 
and 2. 

Ranges.—A series of townships extending north or 
south of the base line constitutes what is known as a 
range. The range is named by its number east or west 
of the principal meridian; as range 1, east; range 3, 
west, etc. See Fig. 1. 


6 

5 

4 

3 

2 

1 

7 

8 

9 

10 

11 

12 

18 

17 

16 

15 

14 

13 

19 

20 

21 

22 

23 

24 

30 

29 

28 

27 

26 

25 

31 

32 

33 

34 

35 

36 


Fig.2. 

TOWNSHIP DIVIDED INTO SECTIONS 


Sections.—A section is one of the square miles of a 
township and contains six hundred and forty acres. It 
is divided into halves, or tracts of three hundred and 






NORTHEAST 

WEST 

FOURTH 


160 

HALF 

ACRES 

320 

N.Vs S.E.V 4 


8( 

3 

ACRES 

ACRES 

8.W. >4 

6.E. ’A 


ofS.E. ’/) 

Of 8 . E.% 


40 ACRES 

40 ACRES 


Fig.3. SECTION SUB-DIVIDED 


















THE CONGRESSIONAL TOWNSHIP 


31 


twenty acres; quarters, or one hundred and sixty acre 
tracts; one half of a quarter, representing eighty acres; 
and one fourth of a quarter, or forty acre lots. See Fig. 
3. Attention is called to the method by which the sec¬ 
tions are numbered. Beginning in the northeast corner 
of the township, they are numbered from east to west 
and from west to east. See Fig. 2. 

Locating Lands.—It will be seen that all lands thus 
surveyed and designated maj^ be definitely described by 
this system. A tract of forty acres, for example, may be 
described as the southwest fourth of the southeast 
quarter of section 16, township 3, range 1, west. See 
diagram. Fig. 3. 

Missouri Lines.—The prime meridian from which 
the ranges in Missouri are surveyed and numbered be¬ 
gins at the mouth of the Arkansas river, and extends 
north through our State, passing thirty-six miles west 
of St. Louis. The base line from which townships in 
Missouri are numbered extends through the northern 
part of Arkansas, just south of Little Rock. 

Marking Lines.—When the original surveys were 
made the lines were marked in such a way that they 
could be easily followed or retraced whenever necessary. 

Sight trees,” which are those that intercept a line, 
were marked with two notches on either side. Trees 
standing near the line were marked in such a way as to 
point toward the line of the survey. Descriptions of 
these objects are made a part of the field notes of the 
surveyor and are open to inspection at any time. 

Corners.—Corners are established to mark the town¬ 
ships, sections, and quarter-sections. Trees, posts and 
stones are most commonly used, but mounds of earth 


32 


THE GOVERNMENT OF MISSOURI 


are also employed when other means are not available. 
The law requires the surveyor to perpetuate these cor¬ 
ners by the use of the best means at his command. 

Records.—Complete records of the titles to all real 
estate in a county are kept at the county seat in the 
office of the Recorder or Circuit Clerk. To be valid, all 
sales, deeds of trust, and all mortgages of whatever kind 
must be filed with the Recorder of the county in which 
such lands are located to be recorded by him. All such 
instruments take effect from the time they are filed for 
record. Books are provided by the county in which all 
deeds of every kind are recorded. 

Conveyances.—Conveyances of lands or interests 
therein may be made by deed executed by any person 
having authority to convey the same.’’ This includes 
proof or acknowledgment before a justice of the peace 
of the county where the real estate is located, by a 
notary public, or by a judge or a clerk of a court having 
a seal. 


CHAPTER V. 


THE MUNICIPAL TOWNSHIP. 

Defined. —A municipal township is a division of the 
county made by the County Court for the purpose of 
local government. It may be regular or irregular in 
shape and of any convenient size to suit the needs of 
the people. A municipal township is wholly political 
and is often named for some state or national char- 
acter; for instance, Clark County has six townships 
named for presidents: Washington, Jefferson, Grant, 
Lincoln, Jaekson and Madison. The constable and 
justice of the peace are township officers. Under 
township organization they may also have a township 
clerk, a collector, an assessor, and trustees. 

Justice of the Peace. —The Justice of the Peace is the 
judicial officer of the township. He is elected by the 
people of the township for a term of four years, but he 
receives his commission from the County Court. He 
must be a citizen of the United States, an inhabitant of 
the State one year, and a resident of the township at 
least six months immediately preceding his election. In 
townships of one hundred thousand inhabitants he 
must have been an inhabitant of the State two years 
and a resident of the district or township twelve months. 

Powers and Jurisdiction. —The powers of the Justice 
are confined largely to civil cases, but persons charged 
with criminal offenses may be bound over by him to 


34 


THE GOVERNMENT OF MISSOURI 


be tried by a higher court. His jurisdiction extends 
throughout the county for which he has been chosen: 
(1) “ To cause to be kept all laws made for the preserva¬ 
tion of the peace(2) To bring before him persons 
who break the peace and commit them to jail or bind 
them over, as the case may require; (3) To cause the 
arrest of persons who attempt to break the law or who 
are not of good fame, and require security for their good 
behavior. He has jurisdiction in actions for the re¬ 
covery of money when the sum involved, exclusive of 
interest and costs, does not exceed two hundred and 
fifty dollars; and in all actions for damages against 
railroads for killing or injuring stock within the county, 
without regard to the amount involved. In cities of 
fifty thousand people his jurisdiction extends to cases 
which involve a money consideration of three hundred 
dollars, and to actions against railroads as stated above. 

Constable. —One Constable is elected in each town¬ 
ship by the qualified voters thereof for a term of two 
years. If the township has been divided into Justice of 
the Peace districts, then an additional Constable is 
elected for each of such districts. He must reside in the 
township or district for which he is elected. 

Duties and Powers. —Constables may serve war¬ 
rants, writs of attachment, subpoenas and all other 
processes, both civil and criminal, and exercise all other 
authority conferred upon them by law throughout then- 
respective counties.” (Statutes.) His duties are similar 
to those of a Marshal of a town or, in a limited way, to 
those of the Sheriff of the county. 

Compensation.— Constables and Justices of the Peace 
are paid by fees, the amount being fixed by law for each 


THE MUNICIPAL TOWNSHIP 


35 


service rendered. In cities of fifteen thousand and less 
than thirty-five thousand, and lying wholly within one 
township, except those under special charters, all fees 
collected by these officials for services in criminal cases 
are turned into the county treasury, and in lieu thereof 
the County Court allows them each fifty dollars per 
month. 

Township Organization.— By the adoption of what 
is known as township organization,” a large share of 
local government is attended to by township officials. 
They assess and collect the taxes, make and repair the 
roads, and look after many other matters of local need. 
On petition of one hundred legal voters asking for such 
organization, the' County Court must submit the ques¬ 
tion to a vote of the people of the county at the next 
general election. If a majority of the votes cast in the 
election favor the change, then on the last Tuesday in 
March following, officers of the townships are selected 
by popular vote. 

Elections. —All regular township elections are held 
on the last Tuesday in March on alternate years. 
Such elections must conform to the general law regu¬ 
lating the election of State and county officers. All 
citizens of the township who are qualified to vote at 
the general election and who have resided in the 
township sixty days are entitled to vote at such 
elections. 

Officers. —Township officers are elected for a term of 
two years. They must be qualified voters and residents 
of the township. Each must swear or affirm that he 
will faithfully discharge the duties of the office to which 
he has been elected. The following are the officers 


36 


THE GOVERNMENT OF MISSOURI 


under township organization: One Trustee, who is 
also Treasurer of the township; one Township Col¬ 
lector; one Township Clerk, who is also Assessor; one 
Constable; two members of the Township Board; and 
two Justices of the Peace. The same persons may be 
members of the Board and Justices of the Peace at the 
same time; and the Constable may be Collector also. 
Townships having more than two thousand inhabitants 
may elect one additional Justice of the Peace for every 
two thousand inhabitants until the population reaches 
six thousand. 

Powers.—The [township thus becomes a body cor¬ 
porate, and may sue and be sued; purchase and hold 
real estate within its own limits for the use of its in¬ 
habitants; make such contracts and purchase such 
personal property as may be necessary to the exercise 
of its administrative functions; make such use of its 
corporate powers as will best serve the township; and 
purchase at public sale any real estate that may be 
necessary to secure any debt to the township. 

Board of Directors.—The voters of the township 
elect the Board, which is composed of a Trustee and 
two other members. This board audits all accounts 
of township officers for service, except the Township 
Assessor, whose fees are paid by the county and the 
State; audits all other accounts legally presented 
against the township; and levies all taxes for town¬ 
ship, road and bridge purposes.’^ Three regular meet¬ 
ings are held each year at the office of the Township 
Clerk. Accounts may be filed with the clerk at any 
time, but the board must determine the legality of each 
claim and reject or allow it in whole or in part. 


THE MUNICIPAL TOWNSHIP 


37 


Clerk-Assessor. —The Clerk has charge of the records, 
books and papers of the township. Under direction of 
the Township Board he provides all necessary station¬ 
ery and record books. He is also Clerk of the Board of 
Directors, and as such keeps a record of its official acts 
and proceedings. As ex-officio Township Assessor, he 
makes out and delivers to the County Clerk a detailed 
assessment of the property of his township, personal 
and real, including also the names of persons, companies 
and corporations owning the same. 

Collector. —It is the duty of this official to collect the 
taxes of the township. Upon receiving the tax-book 
from the County Clerk, the Collector proceeds at once 
to collect the taxes named therein by calling upon each 
person at his place of residence. The State and county 
tax collected by him is turned over to the County 
Treasurer, and all moneys intended for schools, for 
township expenses, and for road and bridge purposes, 
are paid over to the Township Treasurer. 

Trustee-Treasurer. —The Trustee may bring suit in 
the name of the township for the recovery of penalties 
and forfeitures given to it by law. It is his duty also, on 
occasion, to employ counsel to prosecute or defend 
any suit to which the township is a party.’’ As Treas¬ 
urer, he must keep a correct account of all moneys 
received by him, naming the source of the same and the 
amount. He can pay out money only on order of the 
Township Board of Directors, and a correct account 
must be kept of the amount, to whom paid, and on 
what account. His books must show the amount on 
hand belonging to the road fund, and also the sum be¬ 
longing to each school district in the township. Annual 


38 


THE GOVERNMENT OF MISSOURI 


settlements are made with the County Clerk and the 
County Treasurer. 

Conclusion.—The township organization ’’ plan, as 
outlined above, cannot be said to be popular in Missouri. 
The reasons for this unpopularity are: (1) The system 
involves an increase of officers in the county, and hence 
some additional expense; (2) the county system, sup¬ 
plemented by the limited township system as given in 
the first part of this chapter, has been in use since the 
organization of the State and has given general satis¬ 
faction. 


CHAPTER VI. 


THE COUNTY. 

Introductory.—So far we have considered the smaller 
units of local government: The school, the city, the 
town and the village, and the township. Each of these 
contributes certain features to the sum total of govern¬ 
ment, but the list is not complete. We come now to the 
county, which is more complete in its organization and 
more extensive in its functions. Its service satisfies 
more of the needs of the people, and brings a closer 
protection to person and property. The care of the 
poor and the indigent insane, the building of roads and 
bridges, and the collection of taxes demand attention 
and service. 

Relation to State.—The laws of the State are largely 
administered through the county organization. County 
officials are charged with the enforcement of the criminal 
laws made by the State Legislature; and justice is 
administered, in the first instance, through local courts. 
Elections, both State and county, are conducted by 
county authorities, while the revenue needed to pay the 
expenses of the State organization is gathered up by the 
county collectors. Representatives in the Legislature 
are selected from the counties or from the county dis¬ 
tricts, and State Senators represent districts composed 
generally of several counties. It will thus appear that 
the county is the medium through which the State 


40 


THE GOVERNMENT OF MISSOURI 


reaches the individual citizen, the medium through 
which the State administers its authority. 

Boundaries. —Missouri contains 114 counties, and 
the city of St. Louis, which sustains the relation of a 
county. In the Statutes of the State will be found the 
boundaries of the counties as they have been fixed and 
adopted by the General Assembly. New counties 
cannot be established nor old ones changed without the 
consent of the counties concerned. The constitution 
prescribes definite limitations and restrictions upon 
these points. (Art. 9, sections 3 and 4.) 

County Seat. —The center of the county government 
is the county seat, where the official business of the 
county is transacted. Here the county offices, the 
court house and the jail are located and most of the 
county officials have their residence. The County, 
Probate and Circuit Courts transact their official busi¬ 
ness in the court house, where the records are filed and 
preserved. All land deeds, titles and mortgages are 
also kept here in books prepared for the purpose. 

Officers. —The voters of the county elect the officers 
at the general election, which is held on the first Tues¬ 
day after the first Monday in November on even years. 
The School Superintendent, however, is elected at the 
school meeting in April once in four years. Some 
officers are elected for two and some for four years, but 
in all cases the one elected holds the office until his 
successor is elected and has been qualified. The officers 
are as follows: Three County Judges, County Clerk, 
Assessor, Collector, Treasurer, Circuit Clerk, Recorder, 
Surveyor, Sheriff, Prosecuting Attorney, Coroner, 
Public Administrator, Probate Judge, School Superin- 


THE COUNTY 


41 


tendent and Road Engineer. Some of the larger 
counties have an auditor and a marshal. The officers 
who handle the people’s money and property generally 
give bonds. 

County Court.—The County Court is the chief ad¬ 
ministrative authority of the county. It is composed 
of three Judges; one, the Presiding Judge, elected from 
the county at large for a term of four years, and one 
elected from each of the two districts of the county 
for a term of two years. They must be at least twenty- 
four years of age, and must have been citizens of the 
United States for five years, and residents of the county 
for one year preceding their election. This court has 
charge of all the property belonging to the county, and 
may purchase or sell any property, goods or chattels 
for the county. It audits all claims against the county, 
and directs the levy of taxes for county purposes, 
within the limit fixed by the Constitution; it hears 
and determines applications for new roads, orders the 
roads opened, and determines the width of the same. 
It divides the county into road districts, and appoints 
for each district a Road Overseer, who has charge of 
road repairs within his territory. At the May term 
the court apportions to the following uses all revenues 
of the county: (1) The payment of the necessary ex¬ 
penses for the care of paupers and insane persons; (2) 
the pay of Road Overseers, the repair of roads, and the 
building of bridges; (3) the payment of such salaries 
of county officers as must be met by the county; (4) 
the payment of the fees of jurors, petit and grand, fees 
of election judges and clerks, and fees of witnesses; 
(5) the ordinary current expenses of the county. 


42 


THE GOVERNMENT OF MISSOURI 


designated as the contingent fund.’^ This court may 
also license saloons and other businesses, billiard and 
other gaming tables. 

County Clerk.— The County Clerk must be a citizen 
of the United States, above the age of twenty-one 
years; he must have been a resident of the State one 
whole year,^^ and of the county three months. He 
keeps a record of the judgments, rules, orders and 
other proceedings of the County Court. He attests 
all processes and affixes thereto the seal of his office; 
keeps an account of all moneys received, and punctu¬ 
ally pays over the same.” 

Circuit Clerk. —The Circuit Clerk keeps a record of 
the proceedings of the Circuit Court of his county. He 
makes the dockets of the Circuit Court, including (1) 
all civil cases for trial, (2) all return cases, both triable 
and non-triable, and (3) all criminal cases. He keeps 
the seal and other property of his office, administers 
oaths, and performs many other public services. 

Recorder. —The Recorder of Deeds keeps in suitable 
books a long list of records required by law: First, 
all deeds, mortgages, conveyances, deeds of trust, 
bonds, covenants, defeasances, or other instruments of 
writing”; second, all papers and documents from 
Spanish and French authorities concerning goods, 
lands, and tenements; third, all marriage contracts 
and certificates; fourth, all official bonds and com¬ 
missions required by law to be recorded; fifth, a list of 
the births in the county. In counties of ten thousand 
inhabitants the County Court may separate the offices 
of Recorder and Circuit Clerk; in all other counties 
the duties of both offices are performed by the latter. 


THE COUNTY 


43 


Sheriff. —The Sheriff is the peace officer of the county, 
and as such he is authorized to preserve the peace of the 
community and to enforce the observance of the laws. 
He serves writs and processes issued by the courts, 
including writs of replevin, attachments, and final 
processes issued by Justices of the Peace.” He has 
authority to quell assaults, riots, routs, affrays and 
insurrections,” and to arrest villains, ruffians, male¬ 
factors and criminals, and commit them to jail or 
require them to keep the peace. In the smaller counties 
the Sheriff is also the Collector of the County. 

Coroner.—It is the duty of the Coroner to inquire 
into the cause of any violent, sudden, or mysterious 
death ” in the county. The investigation is made 
before a jury of six men, with a view to determine 
whether the person died by some accident or by the 
malicious act of another; if by the former, whether by 
the act of man and the manner thereof; if by the latter, 
who was the principal and who were the accessories. 
The Coroner conducts the examination and signs the 
report made by the jury. The Coroner is also a con¬ 
servator of the peace throughout his county. In case 
the Sheriff’s office becomes vacant, by death or other¬ 
wise, the Coroner serves in his stead until the vacancy 
is filled by appointment. 

Assessor.—Between the first day of June and the first 
day of January of each year an assessment is made of 
all the property in the county. The Assessor calls at 
the residence or place of business of each person and 
makes a list of the following classes of property: All 
real estate; all live stock; all farm machinery and 
implements; all household property; money on hand; 


44 


THE GOVERNMENT OF MISSOURI 


money in bank or other safe place; solvent notes 
unsecured by mortgage; solvent notes secured by 
mortgage; solvent bonds—State, county, city, town¬ 
ship, and bonds issued by solvent companies; all other 
property. All property held on the first day of June is 
subject to taxation for the ensuing year. The Assessor's 
book, containing the land list,^^ compiled from the 
records of the county, and the personal property 
list,’’ must be turned over to the County Court by the 
twentieth day of January. 

Collector.—The County Collector receives from the 
County Court, through the Clerk, a copy of the Assess¬ 
or’s books, corrected and adjusted, with the taxes 
extended thereon. Taxes not paid by the first day of 
January become delinquent from that date, and draw 
a penalty interest of one per cent, a month until paid. 
After the first day of October following, the Collector 
may “ seize and sell the goods and chattels of the person 
liable for taxes.” He is required by law to make a 
monthly report to the County Clerk of all taxes and 
licenses received during the preceding month; and on 
the fifteenth of the month he pays the same into the 
State and County Treasuries. 

Treasurer.—The Treasurer receives all moneys pay¬ 
able into the County Treasury, and pays out the same 
on warrants drawn by order of the County Court. 
He keeps a detailed account of all moneys received and 
disbursed, and makes an abstract of the warrants 
drawn upon the Treasury. He makes settlements with 
the County Court every six months, showing the 
amount of money in his hands at the time and also the 
balances of the various funds to be accounted for by him. 


THE COUNTY 


45 


Prosecuting Attorney.—This official must be learned 
in the law, a licensed attorney, and enrolled as such, and 
twenty-one years of age. Much of his time is occupied 
with the prosecution of persons charged with crime. 
He prosecutes all civil and criminal cases where the 
State or county is concerned, defends in suits brought 
against the county, and prosecutes in all actions for 
the recovery of debts, fines and penalties accruing to 
the county. In cases where a change of venue is taken 
to another county, he follows the cases and represents 
his county’s interests. He gives his opinion, without 
fee, to Justices of the Peace, to the County Court, and 
to any Judge thereof, in civil and criminal matters 
where the interests of the county are involved. In 
counties of one hundred thousand inhabitants or more, 
the County Court may appoint a County Counselor, 
who shall attend all meetings of that Court and give 
advice and aid in the transaction of the county business. 

Surveyor.—The Surveyor runs lines for new roads 
ordered by the County Court, runs lines for the division 
of lands and town lots, and retraces old lines for the 
benefit of interested parties. He keeps a record of the 
surveys made by him or his deputies, including a com¬ 
plete description of all corners established by him. In 
surveying town lots, he describes his lines by directions 
and distances, making use of houses in the immediate 
vicinity, and by prolonging lines to the curbstones and 
properly notching the same. His surveys must be 
numbered consecutively, and the magnetic variation 
under which the lines were run must be entered in the 
field notes. These records are finally deposited with 
the Recorder of Deeds. Copies of such records are 


46 


THE GOVERNMENT OF MISSOURI 


furnished at any time by the Recorder under the seal of 
his office upon the payment of the fees required by law. 

School Superintendent.— The School Superintendent 
is the chief educational officer of the county. According 
to the law, a Superintendent must have better qualifi¬ 
cations than any other county officer, and yet his 
salary is one of the lowest. He must hold a first-grade 
certificate, a normal diploma or a State certificate; 
must be twenty-four years old and a resident of the 
county for one year. He must report the educational 
statistics of the county to the State Superintendent, 
organize the County Teachers’ Association, and it is 
his duty to visit each school in the county at least once 
a year.” He must adopt a course of study and grade 
the schools, hold teachers’ meetings, do any and all 
things to better the schools of his county. He has power 
to grant certificates and also power to revoke them for 
cause. 

Probate Judge. —The Judge of Probate is especially 
charged with the settlement of the estates of deceased 
persons. Where a will was made by the deceased, the 
Judge follows its provisions in the disposition of the 
property, provided it involves no violation of the law. 
If no will was made by the deceased, then the Judge 
manages the estate according to the law provided for 
such cases. The Probate Judge also appoints guardians 
for minors and persons of unsound mind; attends to the 
settlement of the accounts of curators, guardians and 
executors; has charge of all matters pertaining to 
apprentices, and may solemnize marriages. 

Public Administrator. —This official takes charge of 
estates left without responsible managers, and of chil- 


THE COUNTY 


47 


dren and insane persons who have no legal guardians. 
He also administers estates of strangers who die without 
will, heirs or relatives; estates exposed to loss where 
there is no one to administer them; and estates of 
minors and insane persons who have no legal guardian. 

Compensation.—Provision is made for the compensa¬ 
tion of each county official. Some are paid by fee, 
some with fees and salary combined, and some by 
straight salary, ranging all the way from a few hundred 
dollars in the poorer counties of the State, to four or 
five thousand dollars for some of the more important 
offices in the more populous and richer portions of 
the State. 

County Judges receive mileage and five dollars a day 
for the time actually employed, which is generally from 
two to five days in the month. 

Official Tenure: 

Four Years’ Term. —County clerk, circuit clerk, recorder, 
assessor, surveyor, probate judge, pub¬ 
lic administrator, sheriff, coroner, col¬ 
lector, treasurer, school superinten¬ 
dent, and presiding judge of the 
county court. 

Two Years’ Term. —Prosecuting attorney and district judges. 


CHAPTER VII. 


THE STATE. 

THE LEGISLATIVE DEPARTMENT. 

Introductory.—We come now to a study of the State 
as an organized form of government, with its larger terri¬ 
tory and greater variety of interests. The State is a 
source of authority to its more limited units. Cities, 
townships and counties are largely administrative divi¬ 
sions of the State—organs to do a specific work. But 
the smaller units cannot legislate for the larger interests 
of the State. We must have uniform laws to deal with 
theft, murder and other crimes against society. Laws 
regulating trade and transportation are made by the 
Legislature and enforced by the State’s executives. The 
organization and management of corporations, such as 
railroads, banks, and express, mining and insurance 
companies, must be regulated by State law. 

Branches.—There are three branches or departments 
of State Government,—legislative, executive and judi¬ 
cial. Laws must be made by some responsible body of 
authority, hence the existence of the Legislative Depart¬ 
ment; if laws are made, some one must be charged with 
their enforcement, hence we have an Executive Depart¬ 
ment; the attempt at the execution of law gives rise to 
the need of its interpretation, hence the Judicial De- 


THE STATE 


49 


partment is provided. The Legislature makes the laws, 
the executive officers enforce them, and the judicial 
power, vested in the courts, interprets and applies them. 

Legislative Power.— The Legislative Power of the 
State is vested in the General Assembly, popularly 
known as the Legislature. It is composed of two houses, 
the Senate and the House of Representatives. 

The House. —The House of Representatives consists 
of one hundred and forty-two members, divided among 
the counties of the State and the city of St. Louis as 
follows: Buchanan County, four; Greene, two; Jack- 
son, six; Jasper, three; St. Louis, two; city of St. 
Louis, sixteen; and all other counties of the State, one 
each. Where a county has more than one representa¬ 
tive, the County Court divides it into as many districts 
* as it has Representatives; while in the city of St. 
Louis the Circuit Court divides the city into districts, 
so as to give to each district not less than two nor more 
than four Representatives. In each case the Repre¬ 
sentative must reside in the county or district, and the 
people thereof elect. His term of office is two years. 

Qualifications. —A Representative must be at least 
twenty-four years of age, and a male citizen of the 
United States; he must have been a qualified voter of 
Missouri two years, and an inhabitant of the county 
or district for one year; he must have paid a State 
and county tax within one year preceding his election. 

House Officers. —Certain officers are elected at the 
beginning of each session. The Speaker is the presiding 
officer of the house; the Chief Clerk and his assistants 
keep a record of the proceedings; the Sergeant-at-Arms 
keeps order; besides these, there are a Doorkeeper, 


50 


THE GOVERNMENT OF MISSOURI 


Engrossing Clerk, Enrolling Clerk, Official Reporter, 
and Chaplain. 

The Senate. —The Senate of Missouri consists of 
thirty-four members, elected by the qualified voters of 
their respective districts for a term of four years. 

Qualifications. —Every Senator must be at least thirty 
years of age, and a male citizen of the United States; 
he must have been a qualified voter of the State for 
three years, and an inhabitant of the district for one 
year preceding his election; he must have paid a State 
and county tax within one year preceding his election. 

Apportionment. —The State is divided into senatorial 
districts, thirty-four in number, and one Senator is 
selected from each of these districts by the qualified 
voters thereof. Counties having more than one Senator 
are subdivided into districts corresponding to the num¬ 
ber of Senators to which they are entitled. One-half 
of the Senators are elected every two years, the Senate 
being divided into two classes. For the first class, com¬ 
posed of Senators from districts having odd numbers, 
elections will be held in 1908, and every four years 
thereafter; the second class, composed of Senators 
from districts having even numbers, will be elected in 
1910 and every fourth year following. 

Senatorial Districts. —The State is divided into thirty- 
four senatorial districts of contiguous territory. It 
is the duty of the General Assembly at the first ses¬ 
sion after each national census to redistrict the State. 
If, for any cause, the General Assembly fails in this 
duty, the work devolves upon the Governor, Secretary 
of State and the Attorney-General to redistrict the 
State within thirty days after the adjournment of the 


THE STATE 


51 


General Assembly, after which the Governor proclaims 
the same to the people. The following map shows the 
senatorial districts as given in the Missouri Manual 
for 1911. 



Election.—Senators and Representatives are elected 
at the time of the general election—the first Tuesday 
after the first Monday in November. In senatorial 
districts composed of more than one county the election 
returns from each county are sent to the Clerk of the 
county first named in the law establishing the district, 
whose duty it is to certify the result to the Secretary of 
State. It is his duty also to issue, under seal of his 
office, a certificate of election to the person receiving 














































52 


THE GOVERNMENT OF MISSOURI 


the highest number of votes. If such person has paid 
his State and county tax as required by law, the Clerk 
includes this fact in his certificate. 

Senate Officers.—The Lieutenant-Governor, by vir¬ 
tue of his office, is the presiding officer of the Senate; 
the President pro tern, presides in his absence; the Secre¬ 
tary and his assistants keep a detailed record of the 
proceedings; the Enrolling Clerk and the Engrossing 
Clerk make permanent records of the bills that come 
before the body; besides these there are Doorkeeper, 
Sergeant-at-Arms, Official Reporter and Chaplain. 

Oath of Office.—Each member of the General As¬ 
sembly takes an oath to support the Constitution of the 
United States and of the State of Missouri, and to 
faithfully perform the duties of his office; he further 
swears that he will not accept any bribe in any form for 
the performance or non-performance of any duty. 

Compensation.—Members of the General Assembly 
and the President of the Senate are paid for their 
services as follows: 

1. Five dollars per day for the first seventy days and one dollar 
per day thereafter. 

2. During revising sessions they receive five dollars per day 
for the first one hundred and twenty days and one dollar per day 
thereafter. 

3. For all regular sessions each member receives, in addition, 
thirty dollars, in full for stationery, postage, and all other incidental 
expenses. 

4. They also receive mileage for each session, except those called 
within one day after adjournment. The amount is fixed by law 
for each county. 

5. The speaker of the House, the president pro tern, of the Senate, 
and the speaker pro tern, of the House receive in addition two dollars 
for each day’s actual service as presiding officer. 


THE STATE 


53 


Making Laws.—The Constitution carefully prescribes 
the method of procedure in the making of laws. The 
following are the salient points: 

1. No law can be passed except by bill, and while amendments 
may be made in either house, the original purpose of the bill must 
not be changed thereby. 

2. Bills may originate in either house; and every bill must be 
read on three different days in each house. 

3. With the exception of appropriation bills, no bill must contain 
more than one subject, and that must be clearly stated in the title. 

4. Amendments to a pending bill must be incorporated with it 
by engrossment, and the bill as thus engrossed must be printed for 
the use of the members. 

5. The final* vote on any bill must be taken by the yeas and nays, 
the names of those voting on either side being entered on the journal. 

6. No law nor act can be amended by designating that certain 
changes shall be made, but definite statement must be made as to 
the changes desired, and then the bill as amended must be set forth 
in full. 

7. No bill can become a law until it has been signed by the 
presiding officer of each house in open session. 

8. The bill is finally presented to the governor for his signature. 
It becomes a law if he signs it. If he vetoes the bill, it can become 
a law only by passing each house by a vote of two-thirds of the 
members elected. If he fails to return it within ten days, by a 
joint resolution the bill may be enrolled as an authentic act without 
his signature. 

9. A law takes effect ninety days after the close of the session 
at which it was enacted, unless an emergency clause is adopted. 

10. A bill must receive the votes of a majority of all the members 
elected to both houses before it can pass; not just a majority of the 
quorum. 

11. To engross a bill is to write it out upon the records with all 
of its amendments. To enroll a bill is to write it out neatly upon the 
records after it has been passed by both House and Senate. 

12. Any one can speak either for or against a bill before com¬ 
mittee; that is the cliief object of committee organization. 


54 


THE GOVERNMENT OF MISSOURI 


Powers of Each House. —The following are some of 
the powers of each house, powers which may be exer¬ 
cised by one house without the sanction of the other: 
Each house elects its own officers, judges the election 
returns and qualifications of its own members; each 
may punish its own members for disorderly conduct; 
may punish by fine or imprisonment other persons for 
disorderly behavior in its presence; by a vote of two- 
thirds, each may expel its own members for cause; 
each originates bills and each may amend or reject 
those originating in the other house. The House of 
Representatives prefers all articles of impeachment, 
but the Senate tries all impeachments. 

Prohibitions. —Under other constitutions the State 
was liberal in granting aid to railroads and other cor¬ 
porations. The powers granted were frequently abused; 
bonds were issued, in some cases, in favor of projected 
railroads that were never built; and taxes became 
burdensome. The people became impatient and dis¬ 
trustful, and the final result was that many very strin¬ 
gent restrictions and limitations were placed in the 
Constitution. Some of them are enumerated below: 

1. The General Assembly cannot contract a debt on behalf of the 
State, nor issue bonds on its behalf, except (1) in renewal of existing 
bonds when they cannot be paid at maturity; or (2) to provide for 
some unforeseen emergency, and then only under certain definite 
limitations. 

2. It cannot lend the credit of the State to any individual, 
association, or corporation for any purpose whatsoever. 

3. It cannot authorize any city, town, township, or other sub¬ 
division of the State to lend its credit, nor to grant public money 
or other thing of value to any individual, association, or corpo¬ 
ration. 


THE STATE 


55 


4. Neither can the General Assembly grant public money nor 
other thing of value to any person, association, or corporation. 

5. It cannot subscribe stock nor authorize its subscription in 
any corporation or association. 

6. The enactment of local or special laws is prohibited, except 
after thirty days’ notice by publication in the locality concerned. 
“ It would be impossible for the legislature to become so familiar 
with the internal or local affairs of counties, cities, townships, 
wards, or school districts as to legislate as intelligently in reference 
to them as the citizens thereof. Mistakes would be made, injustice 
and hardship would result, and the very purpose and safeguards 
of government would be subverted to this extent.” — Shannon. 

7. The General Assembly cannot remove the seat of government 
from Jefferson City. Only through the adoption of an amendment 
to the constitution can this be done. So far such amendment has 
failed to receive the necessary majority. 

Order of Appropriations.—Money can be drawn from 
the treasury of the State only by regular appropriations 
made by law. Such appropriations must be made in 
the following order: 

First — The payment of the interest on the bonded debt of the 
State. 

Second — For the benefit of the sinking fund, setting aside not 
less than two hundred fifty thousand dollars per annum. 

Third — For free public school purposes. 

Fourth — For the expense of assessing and collecting the revenue. 

Fifth — For the payment of the civil list.. 

Sixth — For the support of the eleemosynary institutions of the 
State. 

Seventh — For the pay of the members of the general assembly, 
and for such other purposes, not prohibited by law, as maybe 
deemed necessary. 

Congressmen.—For the discussion of the qualifica¬ 
tions, apportionment and election of Representatives 


56 


THE GOVERNMENT OF MISSOURI 


in Congress, see pages 49, 51 of this work. Missouri, 
now, 1912, and for the next ten years, will have sixteen 
Congressmen, and it will be the duty of the General 
Assembly in 1913 to redistrict the State. The follow¬ 
ing map is taken from the Missouri Manual, 1911. 





% 










































CHAPTER VIII. 


THE STATE. 

THE EXECUTIVE DEPARTMENT, 

Power Vested.—The executive power of the State is 
vested in the Governor, Lieutenant-Governor, Secretary 
of State, State Auditor, State Treasurer, Attorney-Gen¬ 
eral and Superintendent of Public Schools. They are 
elected for a term of four years by the qualified voters of 
the State at the time of the general election. The Gov¬ 
ernor and Treasurer cannot serve two consecutive terms. 
With the exception of the Lieutenant-Governor, the 
executive officers are required to reside at the seat of 
government, where the records of their offices must be 
kept. 

Election Returns.—The returns of the election of the 
above officers are transmitted through the Secretary of 
State to the Speaker of the House. Immediately after 
the organization of the General Assembly, the returns 
are opened by the Speaker in the presence of the two 
houses, a majority of the members being present. The 
votes are then counted and the results are announced. 
The person receiving the highest number of votes for 
any office is declared duly elected; but if two or more 
persons receive the highest number of votes, then the 
General Assembly shall choose one of these candidates 
by joint ballot. 


58 


THE G0\T:RNMENT of MISSOURI 


Governor.—The supreme executive power is vested in 
the Governor, the chief magistrate of the State. “ The 
Governor shall be at least thirty-five years old, a male, 
and shall have been a citizen of the United States ten 
years, and a resident of this State seven years next be¬ 
fore his election.”— Constitution. 

Duties.—He must see that the laws are distributed 
and faithfully executed.” He is Commander-in-Chief 
of the militia of the State, and he may call them out to 
execute the laws, suppress insurrections and repel in¬ 
vasions.” He has power to grant reprieves, pardons and 
commutations. A reprieve temporarily suspends the 
execution of the sentence; a commutation changes the 
character of the penalty; and a pardon remits the 
penalty and releases the offender. The Governor is also 
required to give to the Legislature, by message or other¬ 
wise, information concerning the condition of the State 
in matters of government, and to make such recommen¬ 
dations as he may deem wise and expedient. He may 
convene the Legislature in extra session on extraordi¬ 
nary occasions, but he must state specifically in his 
proclamation each matter concerning which action is 
desired. He commissions all officers not otherwise pro¬ 
vided for by law, fills vacancies in office unless other 
means have been provided, and makes a large number 
of appointments to office. All bills and joint resolutions 
passed by the General Assembly must be presented to 
him for approval. In considering appropriation bills, he 
may approve one or more items and reject others, but 
in signing the bill he must append to it the items to 
which he objects, and these shall not take effect. 

Lieutenant - Governor. — The Lieutenant - Governor 


THE STATE 


59 


must have the same qualifications as the Governor, 
since he may be called upon to perform his duties. 
Though he is not a member of the Senate, he is its 
presiding officer and performs the duties which usually 
attach to such a position. He may debate all questions 
in the committee of the whole, and may give the casting 
vote in the Senate and also in joint vote of both houses. 

In case of death, conviction on impeachment, failure 
to qualify, resignation, absence from the State, or other 
disability of the Governor, the powers, duties and 
emoluments of the office for the residue of the term, or 
until the disability shall be removed, shall devolve upon 
the Lieutenant-Governor.’’— Constitution. The Lieu¬ 
tenant-Governor is generally given the privilege of 
appointing the committees if he is a member of the 
majority party, but his office does not invest him with 
that right. 

Qualifications of Other Officers. —Other State offi¬ 
cers previously mentioned must possess the following 
qualifications: 

1. They must be male citizens of the United States. 

2. They must be at least twenty-five years of age. 

3. They must have resided in Missouri at least five years next 
before their election. 

Secretary of State. —The Secretary of State has 
charge of the seal of the State, and with it he authenti¬ 
cates all the official acts of the Governor, with the 
exception of his approval of laws. He keeps a register 
of the official business transacted by the Governor, and 
when requested to do so, he must attest the same and 
lay copies before the General Assembly. He receives 
the election returns of the State and county officers, 


60 


THE GOVERNMENT OF MISSOURI 


performs the duties of the Register of Lands, and makes 
reports on special subjects when demanded. He pre¬ 
serves in his office the papers, journals and proceedings 
of both houses of the General Assembly. Upon proper 
application, he issues articles of association to private 
corporations, including railroads, telegraph and tele¬ 
phone companies, savings banks and fund companies, 
benevolent associations and manufacturing companies. 

Treasury Department.—A special department is 
hereby established, to be known as the Treasury De¬ 
partment, which shall embrace the offices of State 
Treasurer and State Auditor.’’— Statutes. These two 
officers handle large amounts of the money, bonds and 
securities of the State. Heavy bonds are required of 
them, and every precaution is taken to guard the inter¬ 
ests of the State. Before entering upon the discharge 
of his duties, the Treasurer is required to give a bond 
in the sum of five hundred thousand dollars, with ten 
sureties, conditioned upon the faithful discharge of his 
duties. Both bond and sureties are subject to approval 
by the Governor. The bond must be renewed every 
two years, and oftener if the Governor shall demand it. 
In like manner the Auditor must execute a bond in the 
sum of fifty thousand dollars, subject to approval by 
the Governor. Each of these officers appoints a Chief 
Clerk, who must be thoroughly competent to perform 
all the duties prescribed by law. 

Auditor.—The Auditor is the general accountant of 
the State. He keeps the public account books, vouchers, 
documents, bonds and coupons, and all papers relating 
to them. He also keeps an account of the contracts made 
by the State and of its revenue and other fiscal affairs. 


THE STATE 


61 


As enumerated in the statutes, his general duties are as 
follows: To audit, adjust and settle all claims against 
the State that are payable out of the Treasury; to draw 
all warrants upon the Treasury for money, except as 
otherwise provided, expressly stating in each case the 
fund out of which the warrant is to be paid; to settle, 
audit and adjust the accounts of collectors of revenue; 
to keep an account between the State and the State 
Treasurer; to keep an account of the debts and credits 
between the State and the United States; to direct 
prosecutions against persons for deficiencies in the as¬ 
sessment, collection and payment of revenue. At the 
beginning of each session of the General Assembly he 
reports in detail to that body the condition of the reve¬ 
nues of the State, and the expenditures during the two 
preceding years; makes a detailed statement of the 
public debt, gives an estimate of the revenues needed for 
the two succeeding years, and formulates any plans that 
he may think expedient for the support of the public 
credit. 

Treasurer. —The State Treasurer has charge of all 
moneys belonging to the State not legally kept by other 
persons. He pays out these moneys only on warrants 
properly drawn on the Treasury. He keeps a full ac¬ 
count of the funds of the State and of the appropriations 
made from them. He is required by law to make a 
monthly report to the Governor, including a statement 
of the amount of money received during the month, the 
amount paid out during the same time, the balances on 
hand to the credit of the various funds, and the actual 
amount of money in his vaults at the time of the report. 
At the beginning of each session of the General Assembly 


62 THE GOVERNMENT OF MISSOURI 

he makes a detailed statement of the condition of the 
Treasury, including an account of its operations during 
the two preceding years. 

Attorney-General. —The chief law officer of the State 
is the Attorney-General. By direction of the Governor 
it becomes his duty to assist .the Prosecuting Attorney 
of any county in the discharge of his duties. When re¬ 
quested to do so, he gives his written opinion upon 
points of law to the General Assembly or to either 
House, to any State officer, and to the Prosecuting At¬ 
torney of any county. He appears in behalf of the State 
in the Supreme Court to prosecute or defend, ‘^as the 
case may require, all appeals and writs of error to which 
the State may be a party.” It is his duty also to insti¬ 
tute such suits and proceedings as may be necessary to 
protect the rights and interests of the State. 

School Superintendent. —The general supervision of 
education is entrusted to a Superintendent of Public 
Schools, who must possess the qualifications required of 
other State officers. He has general supervision of the 
school funds of the State, with a. view to their safety and 
their correct distribution. He has power to require re¬ 
ports of county and town officers and boards of educa¬ 
tion concerning the condition of the schools, the manage¬ 
ment of the funds, and to collect other educational 
statistics from them. He looks after the publication 
and distribution of the school laws, gives advice concern¬ 
ing their requirements, and aids in the execution of their 
provisions. He issues an annual report in which full 
statistics are given concerning the schools and the school 
funds, and in which he makes such recommendations 
as he may deem wise. He examines teachers with a 


THE STATE 


63 


view to granting State certificates, and prescribes rules 
for the collection of educational information. He must 
also spend five days annually in each congressional dis¬ 
trict of the State, consulting with ^school boards and 
other educational officers, delivering educational lec¬ 
tures, visiting schools, and in other ways stimulating 
school sentiment and activity. 

Railroad Commissioners. — There is a Railroad and 
Warehouse Commission composed of three members, 
elected for a term of six years. One Commissioner is 
elected every two years at the time of the general 
election in November. No one in the employ of any 
railroad company or owning the bonds or stock of such 
a company can be a member of this Commission. 
Upon receiving evidence that citizens have been charged 
unjust and unreasonable rates on freight transported 
beyond the State or on shipments into the State, it 
becomes the duty of the Commissioners to file a formal 
complaint with the Interstate Commerce Commission 
and to demand a hearing. They also hear complaints 
concerning violations of the law within the State, 
investigate the charges, and, if necessary, demand that 
the irregularities be corrected. They inspect depots, 
bridges, road-beds, and rolling stock, and if they are 
found to be in an unsafe condition, the Commissioners 
direct that the needed repairs be made. They have 
similar power over express companies and other com¬ 
mon carriers. Warehouses are also subject to inspec¬ 
tion by the same commission as to their condition and 
management in so far as the interests of the public 
may be involved. 

Salaries. — The salary of the Governor is five thou- 


64 


THE GOVERNMENT OF MISSOURI 


sand dollars. Besides this he is provided with a fur¬ 
nished residence in which to live, known as the 
Governor’s Mansion. The Secretary of State receives 
a salary of twenty-five hundred dollars, and in addi¬ 
tion he is allowed to .retain fees to the amount of five 
hundred dollars per year. The Lieutenant-Governor 
is given one thousand dollars per year and an addi¬ 
tional seven dollars per day during the session of the 
Senate. The State Treasurer, the Auditor, Attorney- 
General, Superintendent of Schools, and the Railroad 
Commissioners receive three thousand dollars each. 
These salaries are paid out of the State Treasury in 
monthly installments at the end of the month. 

Impeachments.—Officers of the State are subject to 
impeachment and removal from office for high crimes 
and misdemeanors, and for misconduct, habits of drunk¬ 
enness, or oppression in office.” The House of Repre¬ 
sentatives prefers impeachments, while the Senate as a 
court tries them. Before beginning the trial, each 
Senator is sworn to do justice according to the law 
and evidence. In case the Governor is on trial, the 
Chief Justice of the Supreme Court presides. Convic¬ 
tion on impeachment requires the vote of two thirds 
of the Senators present, and the penalty assessed can 
extend only to removal from office and disqualifica¬ 
tion to hold any office of honor, trust or profit in the 
State. 

Executive Boards.—There are five executive boards 
provided for by the law. They are composed of State 
officials and have in charge the general management of 
certain departments of government. They are as fol¬ 
lows: 


THE STATE 


65 


State Treasurer, 
State Auditor, 
Attorney-General. 


Penitentiary.—It is the duty of this board to visit the 
State Prison once a month, and oftener, if necessary, and 
inquire into the management, discipline and policy of 
the institution; look into the character of the punish¬ 
ment used and the means employed, 
and investigate the sale and purchase 
of articles and materials. They must 
make a detailed report to the Legislature every two 
years, including an inventory of the property under their 
control, an account of the employment of the convicts, 
a statement showing the money received from all 
sources, and the contracts entered into during the 
time. 

Equalization.—The duty of said Board (of Equali- 
governor zation) shall be to adjust and equal- 

state Auditor, [zq the Valuation of real and personal 

Secretary of State, property among the Several counties 
Attorney-General. State, and it shall perform such 

other duties as shall be prescribed by law.^’— Constitu¬ 
tion. 

Public Printing.—It is the duty of the Commissioners 
STATE auditor, of Printing to see that the printing 

State Treasurer, done for the State is executed in a 

Secretary OF State. •, i i ^ t i 

suitable manner and according to 
legal requirements. They keep an account of the paper 
furnished the Public Printer, and see that it is used 
without needless waste. The executive officers make 
their orders for printing through these Commissioners, 
who see that the full number of copies is delivered in 
each case. They examine and audit all accounts for 
printing and binding, and see that all mistakes in the 
bills are corrected and adjusted. 


66 


THE GOVERNMENT OF MISSOURI 


Governor, 

State Auditor, 
State Treasurer, 
Attorney-General. 


Education. —The State Board of Education has gen- 
scHooL Superintendent, ei’al supervisioH of the entire edu“ 
governor, cational interests of the State. It 

Attorney-General. directS the investment of all 

moneys received by the State to be applied to the 
capital of any fund for school purposes, and they see 
that all funds are applied as they were intended, whether 
they came by grant, gift, devise or law.’’ 

Fund Commissioners. —This Board is a part of the 
Treasury Department, and exercises 
supervisory control over it. It di¬ 
rects the payment of interest on 
the State debt, and also directs the 
issue, redemption and cancellation of the bonds of the 
State. 

Appointive Officers. —By the advice and consent of 
the Senate, the Governor appoints several important 
executive officers, whose duties are given in the follow¬ 
ing paragraphs: 

Superintendent of Insurance. —The insurance laws of 
the State relate to the policies of both life and fire 
companies. The chief officer of the department is the 
Superintendent of Insurance. He must be a citizen of 
the State and experienced in matters of insurance. He 
must file and preserve in his office at Jefferson City all 
the records, books and papers of the department. He 
issues certificates of authority to insurance companies 
to transact insurance business in the State, and gives 
certificates of authority to organize insurance com¬ 
panies. He executes the insurance laws of the State, 
inquires into the management of companies incorpo¬ 
rated under our laws or doing business in the State, and 


THE STATE 


67 


has full power to prosecute any company for violating 
the insurance laws. 

Warden of the Penitentiary.— Subject to the limita¬ 
tions prescribed by the Board of Inspectors, the Warden 
controls and manages the penitentiary, including the 
enforcement of all rules and orders of the Board. He 
prescribes the kind and quantity of food for the convicts 
and attends to the financial affairs of the prison, keeping 
a true account of moneys received and disbursed. He 
purchases all raw materials needed for manufacture by 
the convicts, and lets contracts for supplying the insti¬ 
tution with clothing, provisions, medicines, and other 
necessary articles. 

Adjutant-General. —Next to the Governor, the Adju¬ 
tant-General is the chief military officer of the State. He 
transmits orders from the Comfnander-in-Chief, keeps 
a registry of all officers of the militia, and a record of all 
promotions, appointments and resignations, enlist¬ 
ments, discharges, deaths and desertions, together with 
all other matters pertaining to the organization of the 
militia. He is ex officio Quartermaster-General, Pay¬ 
master-General, Chief of Ordnance, Commander- 
General, and performs such duties as pertain to these 
offices. 

Inspections. —Inspection officers are appointed for 
the execution of laws which have for their purpose the 
purity of manufactured articles, the facilitation of 
business, and the protection and safety of persons in 
mines and factories. The most important of these are 
inspectors of petroleum, tobacco, grain, beer, and of 
mines, factories, and hotels. 

Labor. —A Labor Commissioner is appointed for a 


68 


THE GOVERNMENT OF MISSOURI 


term of two years, who keeps his office at the seat of 
government. It is his duty to inspect factories, ware¬ 
houses and tunnels, workshops, elevators and mines. 
Attention is given to hygienic conditions, the number of 
doors and windows, stairways and fire-escapes. He 
gathers statistics concerning labor and labor conditions 
in the State, and uses his influence to settle disputes and 
differences between employers and employees. 

Other Boards.—The State Board of Health has 
general supervision of the health interests of the State. 
It issues licenses on examination to those who wish to 
practice medicine, and makes quarantine regulations. 
It is composed of seven men appointed by the Governor. 

The State Board of Agriculture is composed of the 
Governor, the Dean of Agriculture, the State Superin¬ 
tendent of Schools, and one member from each Con¬ 
gressional District in the State. It has to do with the 
protection, development, and improvement of the 
agricultural interests of the State. The Bank Com¬ 
missioner and his deputies inspect and supervise the 
banking interest of the State. 

Besides these there are the Board of Geology and 
Mines, the Fish Commission, and the Board of Immigra¬ 
tion, whose duties are rather more limited than those 
already discussed. 


CHAPTER IX. 


STATE GOVERNMENT. 

THE JUDICIAL DEPARTMENT. 

Power Vested. —The judicial power of the State is 
vested in the Courts of the Justices of the Peace, Probate 
Courts, Circuit Courts, the County Courts, Courts of 
Appeals, and the Supreme Court of the State. Some of 
these have been considered in previous chapters; the 
others will be discussed in the following paragraphs. 

Courts of Record. —Courts of Record are required by 
law to keep a faithful and just record of their proceed¬ 
ings. The five last mentioned in the above paragraph 
are placed in this class by the statutes of the State. 
Every Court of this class must keep a seal, with such 
emblems and devices as the Court may think proper.” 

General Powers. —All courts have power to issue 
such writs as may be necessary to the exercise of then- 
authority. Interpreters and translators may be em¬ 
ployed by the Court to interpret testimony or translate 
such writings as may be necessary to determine any 
case. Special or adjourned terms of Court may be held 
under certain conditions and limitations. A Grand Jury 
may be called at such special terms, and the trial of 
criminal cases may proceed as at regular terms; and the 
Court may, by the consent of the parties, exercise its 
ordinary jurisdiction in civil cases. Every Court may 


70 


THE GOVERNMENT OF MISSOURI 


punish for disorderly conduct in its presence, breach of 
the peace or noise tending to interrupt its proceedings, 
willful disregard of any order or process of the Court, 
willful resistance to any order, and refusal to be sworn as 
a witness or to answer legal questions when sworn. 

Docket. —A docket is a list of cases to be tried at any 
term of Court. The Clerk of each Court of Record, 
under the direction of the Judge, must make out two 
dockets—a court docket and a bar docket—properly 
arranging the order of procedure, with due time assigned 
to each case. 

Records. —All Court records in Missouri are kept in 
the English language, except such technical terms and 
processes as are now commonly used. It is the duty of 
the Judge to supervise the work of the Clerk and to 
inquire into the manner of keeping the rolls and records 
of the Court; to prescribe rules for securing uniform, 
systematic and accurate records; and to see that all 
entries required by law be properly made and at the 
right time. The proceedings of the Court for each day 
are read in open Court on the morning of the following 
day, except on the last day of the term, when they are 
read in full, and the Judge signs them at the time of 
adjournment. 

Limitations on Judges. —No Judge may sit in the trial 
of any case in which he is interested, related to either 
party, or in which he has been counsel, without the ex¬ 
press consent of the parties to the case. With the excep¬ 
tion of Judges of the County Court, no Judge can act as 
attorney in any court in the State, except as permitted 
by law; neither can such Judge have a partner who 
practices in the Court over which he presides. 


THE STATE 


71 


Juries.—A jury is*a body of men selected and enrolled 
according to law, and sworn to inquire into and try 
any matter of fact, and to render their true verdict 
according to the evidence legally adduced.” Every 
juror, grand and petit, shall be a male citizen of the 
State, resident of the county, sober and intelligent, of 
good reputation, over twenty-one years of age and 
otherwise qualified.”— Statutes. There are two kinds of 
juries, petit juries and grand juries. 

Grand Jury.—grand jury in Missouri is composed 
of twelve men, any nine of whom may find an indict¬ 
ment or a true bill. When assembled it has power to 
investigate violations of the criminal laws of the State 
and to return indictments for every character and grade 
of crime. The proceedings are conducted under an 
oath of secrecy, but it has full power to send for wit¬ 
nesses and to compel them to testify. An indictment 
by the grand jury brings the accused into court for 
trial. The court must call the grand jury at least once 
a year for the purpose of investigating violations of 
election and liquor laws. They shall also inquire into 
the failure or refusal of county or municipal officers to 
do their duty as prescribed by law. 

Petit Jury.—The petit jury is the trial jury, and it 
investigates both civil and criminal matters. All ses¬ 
sions are public, and the accused, in criminal cases, has 
the right to a speedy trial by his peers. In Courts of 
Record the jury is composed of twelve men. In civil 
cases any nine may bring in a verdict, but in criminal 
cases the vote of the entire number is required. In the 
latter case only the foreman of the jury signs the ver¬ 
dict, while in the former it is signed by all who agree to it. 


72 


THE GOVERNMENT OF MISSOURI 


Selection of Juries. —The County Court selects the 
jurors by lot. The names of two hundred qualified 
jurors, an equal number from each township, as near as 
may be, are selected by the court. The names of such 
persons and the townships from which they are selected 
are written on separate sHps of paper of the same size 
and kind, and all names from any one township are 
placed in a box prepared for the purpose. The County 
Clerk, in the presence of the court, so situated as to be 
unable to see the names, draws the slips from the box 
one at a time, until he gets the required number from 
such township. This is repeated for each township 
until he has drawn the names of twenty-four persons 
who shall serve as jurors for the ensuing term of 
court. 

Circuit Courts. —The Circuit Courts serve the inter¬ 
ests of a large number of people. They have jurisdiction 
over both civil and criminal matters. At least two 
terms of court are held in each county every year. Their 
main features will be found in the following paragraphs: 

Qualifications of Judges. —judge of the Circuit 
Court must be thirty years of age, must have been a 
citizen of the United States five years, a qualified voter 
of the State three years, a resident of the circuit for 
which he was elected, and he must be learned in the 
law. He is a conservator of the peace in his district or 
circuit. 

Election of Judges. —The judges of the Circuit Courts 
are elected by the people of their respective chcuits for 
a term of six years. Their names appear upon the 
tickets with the county candidates, and the election is 
held at the time of the general election in November. 


THE STATE 


73 


Judicial Circuits.—The General Assembly divides the 
State into judicial circuits, basing their size upon 
population and the amount of legal business involved. 
There are now fifty-eight circuit judges in the State, 
and the number is constantly increasing. The following 
map shows the Judicial Circuits as given in the Mis¬ 
souri Manual for 1911. 



Salaries of Judges.—The compensation of judges is • 
regulated by the laws of the State, but it cannot be 
increased nor diminished during the time for which they 
were elected. Each judge receives from the State a 
salary of two thousand dollars and his expenses in 
attending court in other places than that in which he 






















































74 


THE GOVERNMENT OF MISSOURI 


lives. In some circuits this amount is supplemented 
from the local treasury. The judges of Jackson County 
receive thirty-five hundred dollars and those of St. 
Louis five thousand five hundred. 

Common Pleas Courts. —Four Courts of Conunon 
Pleas have been established in the State. They are 
Courts of Record, and possess all the powers, perform 
the duties, and are subject to the restrictions ” of such 
courts. The territorial limits of these courts are set 
forth in the statutes of the State, and are subject to 
change by the General Assembly. A clerk of each court, 
who must possess the qualifications of the Circuit Clerk, 
is elected for a term of four years by the voters of the 
district. These courts are located at Louisiana, Hanni¬ 
bal, Cape Girardeau, and Sturgeon. 

Criminal Courts. —Criminal Courts may be estab¬ 
lished in counties whose population exceeds fifty thou¬ 
sand. A judge is elected for each court who must 
possess the qualifications of a Circuit Judge. Criminal 
Courts have been established in Jackson, Buchanan and 
Greene counties, and in the fifteenth judicial circuit. 

Fifteenth Judicial Circuit. —The jurisdiction of the 
Criminal Court of this district is the same as that of 
the Circuit Court in criminal cases, and extends in 
appellate jurisdiction to all breaches of the peace and to 
violations of city and town ordinances. It has power 
to issue, hear and determine writs of habeas corpus. 
The Circuit Clerks of the counties composing the circuit 
are ex officio clerks of the Criminal Court. 

Jackson County. —The judge of the Jackson County 
Criminal Court is elected for a term of six years by the 
qualified voters of the county. He must be at least 


THE STATE 


75 


thirty years of age, must have resided in the State one 
year, and must be a resident of the county. He has 
the same power in criminal matters as the Circuit 
Judge, and the court has exclusive original and appellate 
jurisdiction of criminal offenses in Jackson County. 
The Clerk of the Court is elected by the people of the 
county. 

Buchanan County. —This court has exclusive original 
jurisdiction of criminal cases in Buchanan County, with 
certain exceptions; exclusive appellate jurisdiction in 
all criminal cases appealed from Justices’ Courts, and 
in appeals from Municipal Courts. The judge is 
elected by the voters of the county for a term of four 
years. He has power to issue, hear and determine 
writs of habeas corpus^ and may admit to bail such 
persons as are entitled thereto, and has the same power 
in criminal matters as the Circuit Judge. The Circuit 
Clerk of the county is the Clerk of the Criminal Court. 

Greene County.— The same general provisions apply 
here as in Buchanan County. The Clerk of the Court, 
however, is elected by the people of the county for a 
term of four years. 

Criminal Correction. —Corresponding in rank to the 
Criminal Courts above discussed, and possessing about 
the same powers, is the Court of Criminal Correction in 
the city of St. Louis. It has exclusive original juris¬ 
diction of all misdemeanors which are punishable by 
fine or imprisonment or both. It has appellate juris¬ 
diction in criminal cases appealed from Justices’ Courts 
of the city, and concurrent jurisdiction with the Police 
Court in cases of misdemeanor under State law, which 
are also violations of the city ordinances. It is made 


76 


THE GOVERNMENT OF MISSOURI 


the duty of the Chief of Police to report the names of 
persons charged with misdemeanors to the Assistant 
Prosecuting Attorney. The judge of the court, who is 
elected by the people for a term of four years, must have 
the qualifications of a Circuit Judge. A Clerk and a 
Prosecuting Attorney and his assistant, all serving this 
court, are also elected by the voters of the city for a 
term of four years. 

Courts of Appeals.—In order to relieve the Supreme 
Court, three courts of appeals have been established. 
One is in Kansas City, one in Springfield, and one in 
St. Louis, serving respectively their portions of the 
State. These courts have appellate jurisdiction, each 
within the counties of its district. They have super¬ 
intending control over all inferior courts of record in 
said counties.Writs of error may issue from the 
Supreme Court to these courts in cases mentioned in 
the constitution. The opinions of these courts must be 
in writing, and they become a part of their record. 

The Judges.—Each court consists of three judges 
who are elected by the voters of their respective dis¬ 
tricts for a term of twelve years, one being elected every 
four years. The judges must possess the qualifications 
of judges of the Supreme Court, and in addition they 
must be residents of the districts from which they are 
elected. The judges of the Kansas City and Springfield 
courts receive salaries of $3,500, while those of St. 
Louis receive $5,500 each. 

Supreme Court.—The Supreme Court is the highest 
judicial tribunal in the State. It is composed of seven 
judges who are elected by the voters of the State for a 
term of ten years. It meets at the seat of government, 


THE STATE 


77 


Jefferson City, in a building erected by the State at a 
cost of $423,809. The Chief Justice, who is also the 
presiding officer, is elected by the court. The judges 
receive a salary of $4,500. 

Divisions.—There are two divisions of the court, 
number one consisting of four judges, and numb^ two 
consisting of three judges. Number one passes upon 
civil and equity cases only, while number two has as its 
special work the review of all criminal cases. A ma¬ 
jority of the judges in a division constitutes a quorum 
for the transaction of business. All opinions must be in 
writing, and they constitute a part of the record of the 
court. Each division elects its own presiding judge. 

Court in Banc.—The full court may sit together to 
hear arguments and determine questions of law, when 
either division cannot agree upon an opinion, when a 
division of the court is equally divided in opinion, when 
a federal question is involved, and when ordered to do 
so by one division of the court. 

Qualifications of Judges.—The judges of the Su¬ 
preme Court shall be citizens of the United States, not 
less than thirty years old, and shall have been citizens 
of this State for five years next preceding their election 
or appointment, and shall be learned in the law.’^— 
Constitution, 

Jurisdiction.—The jurisdiction of the Supreme Court 
is largely appellate; that is, it hears cases on appeal 
from Trial Courts. It may affirm the verdict of the 
lower court; point out its errors, if they have been com¬ 
mitted, and send the case back for a new trial; or it 
may reverse and dismiss the case. It has general super¬ 
intending control over all other courts; and may issue 


78 


THE GOVERNMENT OF MISSOURI 


certain remedial writs,—writs which afford relief or 
remedy, or abate a nuisance. 

National Courts.—Missouri is a part of the eighth 
judicial circuit of the United States, and it contains 
two of the divisions of the United States District 
Courts, the eastern district of Missouri and the western 
district of Missouri. A judge, an attorney and his 
assistant, and a marshal are appointed for each district. 
The eastern district has two divisions, the eastern and 
the northern; and the western district has five divisions, 
the western, the St. Joseph, the southern, the central 
and the southwestern. Two sessions of the Circuit 
Court and two of the District Court are held every year 
in each district. (See page 72.) 


CHAPTER X. 


SUFFRAGE AND ELECTIONS. 

Introduction.—Suffrage, or the right to vote, is not 
an inherent right of citizenship. Not all citizens have 
the right of suffrage; children never vote, though they 
may be citizens under the constitution; women seldom 
vote, and others vote only when the right is conferred by 
law. In some States none but a citizen is allowed the 
ballot, while in others persons are given the right to vote 
before they have completed their citizenship. With few 
exceptions, the right of suffrage is limited to male citi- 
zelns twenty-one years of age. Additional qualifications 
are prescribed at times which hmit very much the num¬ 
ber of men who participate in the selection of public 
officials. The whole question, however, is regulated by 
State constitutions and State laws, each State prescrib¬ 
ing its own conditions and qualifications and managing 
its own elections by the aid of such laws as it chooses to 
enact. The main features of the Missouri election laws 
are presented in this chapter. 

Voting Classes. —Two classes of persons may vote 
under the laws of Missouri, viz.: 

1. Male citizens of the United States. 

2. Males of foreign birth who have declared their intention of 
becoming citizens, not less than one year nor more than five years 
before offering to vote. 


80 


THE GOVERNMENT OF MISSOURI 


Qualifications. —They must, however, possess the fol¬ 
lowing qualifications: 

1. They must be more than twenty-one years of age. 

2. They must have resided in the State one year immediately 
preceding the election at which they offer to vote. 

3. They must have resided in the county, city or town sixty 
days preceding the election. 

Exceptions. —Certain classes are denied the right to 
vote in this State: 

1. Persons kept at a public poorhouse or asylum, except that 
inmates of the federal and confederate homes in this State may vote 
at all elections. 

2. All persons convicted of felonies or other infamous crimes, 
and persons convicted of misdemeanors in connection with the 
exercise of suffrage. 

3. Officers, soldiers, and marines in the army or navy of the 
United States. 

4. Persons confined in public prisons may not vote in Missouri. 

Protection to Voters. —Voters cannot be arrested 
during their attendance at elections, nor while going to 
or returning therefrom, except for treason, felony, or 
breach of the peace. This is a safeguard against the 
imprisonment of voters with a view to the defeat of an 
honest election. 

Time of Elections. —The General Election is held on 
the first Tuesday after the first Monday in November of 
the even numbered years, as in 1906, 1908, etc. The 
time may be changed by the General Assembly by a vote 
of two thirds of each House. City, town and school 
elections are held in the spring of the year. Special elec¬ 
tions to fill vacancies may be held at other times, the 
time being fixed by the Governor when he issues the call. 


SUFFRAGE AND ELECTIONS 


81 


Qualifications for Office.—In order to hold office in 
Missouri, civil or military, a person must (1) be a citizen 
of the United States, and (2) he must have been a resi¬ 
dent of the State one year immediately preceding his 
election or appointment. No one holding any office of 
profit under the United States can be elected or ap¬ 
pointed to any office under this State. On pain of re¬ 
moval from office, every officer must give his personal 
attention to the duties of his position. 

Australian Ballot System.—The law governing elec¬ 
tions in this State is a modification of the Australian 
ballot system. Its essential features are its provision 
for a primary election in the nomination of candidates, 
the registration of voters in the larger cities, an official 
ticket and a secret ballot. 

Registration.—In cities of twenty-five thousand and 
less than one hundred thousand inhabitants a registrar 
of voters is elected, whose duty it is to register all legal 
voters. All persons are listed who take the prescribed 
oath and possess the qualifications of electors as given 
in the laws and constitution of Missouri. Special days 
are appointed and announced by the County Court, and 
the registration is made by the officers at the various 
voting places in the election districts. After making the 
registration the books are returned by the officers to the 
County Clerk, to be kept by him subject to public in¬ 
spection. In cities of one hundred thousand or more 
inhabitants, a Board of three Election Commissioners 
is appointed by the Governor. This board manages all 
matters concerning the elections, including the registra¬ 
tion of voters. It divides the city into election precincts, 
appoints the clerks and judges of elections, selects the 


82 


THE GOVERNMENT OF MISSOURI 


places of registration, making publication of them ten 
days in advance. It makes a general registration every 
presidential year, and every election year it revises the 
hsts as directed by law. The same requirements are 
imposed here as in the case of the smaller cities. 

Nomination of Candidates.—All candidates for elec¬ 
tive offices (except for a few minor places such as town 
and school offices) are nominated at a general primary, 
which is held on the first Tuesday of August on even 
years. 

Each candidate, at least sixty (60) days before the 
primary, must file a written declaration stating what 
ticket he wishes to run on, and pledging that he will 
qualify if elected. He must also deposit a small amount 
of money as evidence of good faith with his county or 
state committee. 

Judges for the primary are appointed by the county 
court, and the same general laws which regulate a 
general election are used in conducting a primary. 
The voters at the August primary also select committee¬ 
men. These various township and ward committee¬ 
men constitute the party organization. 

The primary law also provides that the party plat¬ 
form shall be written by the nominees for state offices, 
Congressmen, State Senators, and Representatives. 

Consequently, the only delegate conventions that we 
now have in Missouri are the ones selecting delegates 
to the national conventions where candidates for 
President and Vice-President are nominated. Such 
conventions are called under an order of the national 
committee, and conducted under the rules of the State 
and county committees jointly. 


SUFFRAGE AND ELECTIONS 


83 


Official Ballot.—Under the direction of the County 
Court and by its order, the County Clerk prints the 
official ballot of every election held in his county, in¬ 
cluding in it the names of candidates as mentioned in 
the preceding paragraph. The name of the political 
party making the nominations appears in the heading 
of the ticket, and the ballot must contain the names of 
the candidates nominated by that party, and no others. 
Below each candidate's name is left a blank space large 
enough to contain a written name. These ballots must 
be printed on the same kind of paper, and all must be 
of the same size, so that they may not be distinguished 
the one from the other by the backs of them.^^ The 
clerk prints one hundred of these for every fifty or 
fraction of fifty voters in each party. At the proper 
time the tickets or ballots are delivered to the judges. 

Judges and Clerks.—Outside the large cities the 
County Court establishes the election districts and 
precincts, locating one or more in each township of the 
county. It appoints four judges of election for each 
precinct, and they in turn appoint four clerks. Judges 
and clerks must be able to read and write, and must be 
qualified to vote in that election. The judges manage 
the election, receive the ballots as they are prepared by 
the electors, number them, and place them in the ballot- 
bo^es; and they finally count the votes cast in their 
respective districts, and make returns of the same to 
the County Clerk. The clerks keep a record of the 
voting according to forms prescribed by law. 

The Polls.—The polls, or voting places, are opened 
by the judges at seven o^clock in the morning, and they 
close them at six or sundown, except in the large cities, 


84 


THE GOVERNMENT OF MISSOURI 


where the polls are open from six in the morning until 
seven in the evening. During this time aU of the voting 
must be done. Poll-books, tally-sheets, and ballot- 
boxes are furnished by the County Court. Booths are 
erected that the voters may be screened from observa¬ 
tion while they prepare their ballots. A guard or rail 
is so constructed that only those within the rail can 
approach within five feet of the ballot-boxes or the 
booths. 

Voting.—As the elector passes behind the guard, the 
judges give him one ticket of each political party, upon 
the back of which will be found the names or initials of 
two of the judges. He enters the booth, prepares his 
ballot by making such changes and substitutions as he 
desires, so folds it as to conceal the face of it, and delivers 
it to one of the receiving judges, who numbers it and 
places it in the ballot-box. All rejected tickets are 
returned to the other receiving judge. But one person 
is allowed in a booth at a time, and only the election 
officers and the voters who are preparing their ballots 
are permitted behind the railing. If an elector is un¬ 
able to prepare his ballot from inability to read and 
write, or from physical defect or weakness, he may have 
the judges prepare it under his direction. 

Returns.—Within two days after the election one 
poll-book is delivered to the County Clerk, who, by tlje 
aid of two Justices of the Peace, or two Judges of the 
County Court, examines and casts up the votes given 
to each candidate. He then issues certificates of elec¬ 
tion to all candidates for county offices who have re¬ 
ceived the highest number of votes. He also transmits 
to the Secretary of State an abstract of the votes cast 


SUFFRAGE AND ELECTIONS 


85 


for all other officers. The Secretary of State counts 
these, with the exception of those for the State offices, 
and issues certificates of election to the successful 
candidates for Congress. He certifies to the Governor 
the names of the judges elected to the Supreme Court, 
the Circuit Courts, and the Courts of Appeals. Within 
two days after the meeting of the Legislature he lays 
before each house a list of the members elected thereto. 
The returns for the State officers are cast up and counted 
by the General Assembly, the two houses meeting in 
joint session for that purpose. 

Corrupt Practices.—All forms and grades of bribery 
in connection with primaries or elections are prohibited 
under very severe penalties. The use of force, threats, 
violence, or restraint, in order to influence in any way 
the vote of a person, is declared to be a misdemeanor 
punishable by imprisonment in the county jail. The 
sums that may be expended in legitimate expenses by 
any candidate are limited by law, the amounts varying 
with the number of votes cast in the election. Further¬ 
more, each candidate must file, under oath, a detailed 
statement of all his expenses and expenditures in the 
campaign. It is unlawful for any person to treat or 
give away liquor between the hours of 5 a.m. and 7 p.m. 
on any general or primary election day. 


CHAPTER XI. 


TAXATION AND REVENUE. 

Introduction.—We have now presented the main fea¬ 
tures of State Government in Missouri. The duties and 
services of officers, the methods employed to preserve 
order, and the means used to develop and maintain the 
institutions of the State have been made prominent in 
the discussion. Officers are public servants employed to 
do a specific kind of work. They must be remunerated 
for their time and for their skill and efficiency. Salaries 
must be provided for them, public buildings must be 
erected and offices equipped, and many kinds of supplies 
must be purchased. Only by a just and economical sys¬ 
tem of taxation can these obligations be met in a satis¬ 
factory manner. It remains for us to present in this 
chapter the fundamental ideas of the revenue system. 

Principles.—A few fundamental principles, taken 
largely from the Constitution, are stated in this connec¬ 
tion, as follows: 

1. The taxing power for the State belongs to the Gen¬ 
eral Assembly, and the county and other municipal cor¬ 
porations exercise this power only by the authority of 
the General Assembly. The General Assembly makes 
the laws which regulate taxation, but these laws confer 
the taxing power upon counties and other units. 

2. The General Assembly cannot surrender nor sus¬ 
pend the power of the State to tax corporations or cor- 


TAXATION AND REVENUE 


87 


porate property. For some years there has been a grow¬ 
ing tendency to increase the taxes derived from these 
sources. In cities, franchise taxes have come to be 
valuable sources of revenue. 

3. Taxes are levied and collected for public purposes 
only, but they must be uniform for the same class of sub¬ 
jects or property. Equal privileges imply equal contri¬ 
butions to the expense of the system. 

4. All taxes must be levied and collected by general 
law. Special laws are not allowed in Missouri. 

5. All property subject to taxation must be taxed in 
proportion to its value. Some basis must be adopted, 
and this is probably the most just and satisfactory. In 
proportion as values are enhanced by good government, 
in that proportion should the owners of property con¬ 
tribute to the expense of government. 

Purposes.—The purposes for which taxes are col¬ 
lected are stated in the statutes to be, For the support 
of the government of the State, the payment of the 
public debt, and the advancement of the public inter¬ 
est.” All property should contribute to these ends, and 
all citizens may take a pride in their attainment. 

Exemptions.—Certain subjects or kinds of property 
are exempt from taxation in this State, viz.: All persons 
belonging to the army of the United States; lands, 
buildings and their equipments belonging to the United 
States; all property belonging to the State; property 
belonging to a city or county; lots and other property 
used exclusively for religious worship, for schools, and 
for purposes purely charitable. Real and personal 
property devoted to the use of horticultural and agri¬ 
cultural societies- are also exempt from taxes under the 


88 


THE GOVERNMENT OF MISSOURI 


law. The element of public service enters into each of 
these, and none of them involves the element of private 
gain or personal advantage. 

Place of Assessment. —^All personal property is as¬ 
sessed in the county where the owner resides, it matters 
not if it be in another State. This includes all notes, 
bonds, and other evidences of debt. The evident intent 
of this provision is to discourage tax-dodging on 
this class of property. A seeming exception to this rule 
is found in the requirement that personal property be¬ 
longing to manufacturing firms and other corporations 
must be assessed in the county where the property is 
located. 

Restrictions and Limitations. —Stringent limitations 
have been imposed by the Constitution upon County 
Courts and others, with a view to guarding against the 
abuse of the taxing power. Exclusive of the tax needed 
to pay the bonded debt, the rate for State purposes 
cannot exceed fifteen cents on the hundred dollars 
assessed valuation. For county purposes the rate 
ranges from thirty-five cents to fifty cents on the hun¬ 
dred dollars, owing to the number of inhabitants in the 
county; the annual rate for cities and towns, varying 
with population, ranges from twenty-five cents to one 
hundred cents on the hundred dollars. The regular 
annual rate for school purposes is forty cents, which 
may be increased by a vote of the people to one dollar 
in cities and towns, and to sixty-five cents in other 
districts. In addition to the above rate, the town 
schools may make a levy of one hundred cents ($1.00) 
on the one hundred dollars ($100.00) for building pur¬ 
poses; and in other districts, sixty-five cents (65c.) on 


TAXATION AND REVENUE 


89 


the hundred dollars for building purposes. These 
restrictions have protected the people of many sections 
against extravagant and unnecessary expenditures, but 
at the same time other locahties have been hindered in 
their development by these severe hmitations. There 
is a growing feeling/’ says Walter Williams, that the 
present limitations are too restrictive to enable the 
State and its local subdivisions to provide adequately 
for their legitimate needs.” 

Levying Taxes.—It is the duty of the Assessor of the 
city, town, county or township to list and assess all 
taxable property within his district. The amount of 
personal property may be ascertained by a personal 
canvass of his territory. The real estate holdings are 
secured from the county records, but the values placed 
upon them must be based upon personal knowledge or 
inspection. Having before them the total amount of 
the taxable property with its value, and knowing the 
total amount of taxes to be raised, the County Court 
and other authorities can easily determine and fix the 
rate of taxation. 

Correcting Errors.—A Board of Equalization for the 
State and one for each county have been provided, 
whose duty it is to equalize the assessments made by 
the various assessors. The State Board adjusts and 
equalizes the values as reported from the various coun¬ 
ties, while each county board hears complaints from 
property owners and tries to secure a uniform assess¬ 
ment of values. 

Other Sources.—There are other sources of revenue 
to the State and county besides the general property 
tax. Special taxes, fees collected for the services of 


90 


THE GOVERNMENT OF MISSOURI 


certain officers, and licenses of various kinds are sources 
of income, and large amounts are realized from them. 
Large amounts are collected from corporations, such as 
railroad, express, bridge, and telephone companies. 
Besides, there are earnings from the penitentiary and 
the eleemosynary institutions which help to swell the 
total income of the State. The State Legislature has 
found so many sources of revenue that the amount of 
direct taxes paid by all the people of the State for State 
purposes is less than three million dollars per year. 

SOAie MODERN PROGRESSIVE LAWS OF MISSOURI. 

1. The initiative and referendum. 

2. Factory and mine inspection laws. 

3. Compulsory school law. 

4. Apportionment of State school moneys on teachers-and- 

attendance basis. 

5. Provision for a State and county highway engineer. 

6. Thorough bank examinations. 

7. Modern certificate law for teachers. 

8. Australian ballot system. 

9. Anti-lobby law. 

10. Gradual abofition of convict labor. 

11. Capital punishment in hands of jury. 

12. Parole system for convicts. 

13. Compulsory safety apphances for railroads. 

14. General primary law. 

15. Child labor law. 


GOVERNORS OF MISSOURI—1820 to 1912. 


Name. 


County. 


Alexander McNair. 

Frederick Bates. 

Abraham J. Williams. 

John Miller. 

John Miller. 

Daniel Dunklin. 

Lilburn W. Boggs. 

Thomas Reynolds. 

M. M. Marmadiike. 

John C. Edwards. 

Austin A. King. 

Sterling Price. 

Trusten Polk. 

Hancock Jackson. 

Robert M. Stewart.. 

Claiborne F. Jackson. 

Hamilton R. Gamble'. 

Willard P. Hall. 

Thomas C. Fletcher. 

Joseph W. McClurg. 

B. Gratz Brown. 

Silas Woodson. 

Charles H. Hardin. 

John S. Phelps. 

Thos. T. Crittenden. 

John S. Marmaduke. 

Albert P. Morehouse. 

David R. Francis. 

Wm. J. Stone. 

Lon V. Stephens. 

Alexander M. Dockery.... 

Joseph W. Folk. 

Herbert S. Hadley. 


St. Louis. 

St. Louis. 

Boone. 

Cooper. 

Cooper. 

Washington. 

Jackson. . .. 

Howard. 

Saline. 

Cole. 

Ray. 

Chariton. 

St. Louis. 

Randolph. 

Buchanan. 

Saline. 

St. Louis. 

Buchanan. 

St. Louis. 

Camden. 

St. Louis. 

Buchanan. 

Audrain. 

Greene. 

Johnson. 

St. Louis city. . . . 

Nodaway. 

St. Louis city.... 

Vernon.. 

Cooper. 

Daviess. 

St. Louis. 

Jackson. 


Elected. 


August, 1820. 
August, 1824. 
Pres. Senate. 
Dec. 8, 1825. 
August, 1828. 
August, 1832. 
August, 1836. 
August, 1840. 
Lieut.-Gov. 
August, 1844. 
August, 1848. 
August, 1852. 
August, 1856. 
Lieut.-Gov. 
August, 1857. 
August, 1860. 
Appointed. 
Lieut.-Gov. 
November, 1864. 
November, 1868. 
November, 1870. 
November, 1872. 
November, 1874. 
November, 1876. 
November, 1880. 
November, 1884. 
Lieut.-Gov. 
November, 1888. 
November, 1892. 
November, 1896. 
November, 1900. 
November, 1904. 
November, 1908. 













































































CONSTITUTION 


OF THE 

STATE OF MISSOUEI 

1901. 


Article I. 
II. 

III. 

IV. 


V. 

VI. 


VII. 

VIII. 

IX. 

X. 

XI. 

XII. 


XIII. 

XIV. 
XV. 


CONTENTS. 

Preamble. 

Boundaries. 

Bill of rights. 

Distribution of powers. 

Legislative department. 

(a) Representation and apportionment. 

(b) Legislative proceedings. 

(c) Limitation on legislative power. 
Executive department. 

Judicial department. 

(a) Constitutional amendment of 1884. 

(b) Constitutional amendment of 1890. 
Impeachments. 

Suffrage and elections. 

Counties, cities and towns. 

(a) Saint Louis. 

Revenue and taxation. 

Education. 

Corporations. 

(a) Railroads. 

(b) Banks. 

Militia. 

Miscellaneous provisions. 

Mode of amending the Constitution. 
Schedule. 


PREAMBLE. 




We, the people of Missouri, with profound reverence for the Supreme 
Ruler of the Universe, and grateful for His goodness, do, for the better 
government of the State, establish this Constitution, 

93 



94 


THE GOVERNMENT OF MISSOURI 


ARTICLE I. 

BOUNDARIES. 

Section 1. Boundaries and jurisdiction. — The boundaries of the 
State, as heretofore established by law, are hereby ratified and con¬ 
firmed. The State shall have concurrent jurisdiction on the river 
Mississippi, and every other river bordering on the State, so far as the 
said rivers shall form a common boundary to this State and any other 
State or States; and the river Mississippi and the navigable rivers and 
waters leading to the same shall be common highways, and forever free 
to the citizens of this State and of the United States, without any tax, 
duty, impost or toll therefore, imposed by this State. 

ARTICLE 11. 

Section BILL OF RIGHTS. 

1. Origin of political power. 

2. Right to regulate internal affairs, and to abolish existing form of government. 

3. Missouri a free and independent state — right of local self-government. 

4. Purpose of constitutional government. 

5. Religious liberty and freedom of conscience guaranteed. 

6. Religious worship not compulsory. 

7. No aid or preference given to churches. 

8. Religious corporations established under a general law, may hold certain real 

estate. 

9. Elections to be free and open. 

10. Courts shall be open to every person. 

11. Security from searches and seizures. 

12. Criminal prosecutions to be by indictment or information. 

13. Treason defined — corruption of blood. 

14. Freedom of speech allowed — truth of publication may be given in evidence. 

15. Ex post facto laws, and laws making irrevocable grants of special privileges, 

forbidden. 

16. No imprisonment for debt, except, when. 

17. Right to keep and bear arms. 

18. Officers must devote their time to the duties of their offices. 

19. Collectors and receivers, not eligible to office, when. 

20. Private property taken for private use — public use a judicial question. 

21. Private property taken for public use — compensation. 

22. Criminal prosecutions, right of accused. 

23. No self-crimination, nor twice in jeopardy. 

24. Bail allowed, when. 

25. Excessive bail and fines, and cruel punishments, forbidden. 

26. Writ of habeas corpus shall not be suspended. 

27. I^ilitary subject to civil power. 

28. Trial by jury — majority verdicts — grand jury to consist of twelve men. 

29. Right to assemble and petition guaranteed. 

30. Due process of law. 

31. Slavery and involuntary servitude forbidden. 

32. Reservation of rights, 


THE CONSTITUTION 


95 


In order to assert our rights, acknowledge our duties, and 'proclaim the 
principles on which our government is founded, we declare: 

Section 1. Political power, origin of. — That all political power is 
vested in and derived from the people; that all government of right 
originates from the people, is founded upon their will only, and is 
instituted solely for the good of the whole. 

Sect. 2. Internal affairs, regulation of. — That the people of this 
State have the inherent, sole and exclusive right to regulate the internal 
government and police thereof, and to alter and abolish their Constitu¬ 
tion and form of government whenever they may deem it necessary to 
their safety and happiness: Provided, Such change be not repugnant 
to the Constitution of the United States. 

Sect. 3. Local self-government not to be impaired. — That Missouri 
is a free and independent State, subject only to the Constitution of the 
United States; and as the preservation of the States and the main¬ 
tenance of their governments are necessary to an indestructible Union, 
and were intended to co-exist with it, the Legislature is not authorized 
to adopt, nor will the people of this State ever assent to any amendment 
or change of the Constitution of the United States which may in any 
wise impair the right of local self-government belonging to the people 
of this State. 

Sect. 4. Purpose of government — natural rights of persons. — That 
all constitutional government is intended to promote the general welfare 
of the people; that all persons have a natural right to life, liberty and 
the enjoyment of the gains of their own industry; that to give security 
to these things is the principal office of government, and that when 
government does not confer this security, it fails of its chief design. 

Sect. 5. Religious freedom — belief not to affect citizen — liberty of 
conscience. — That all men have a natural and indefeasible right to 
worship Almighty God according to the dictates of their own conscience; 
that no person can, on account of his religious opinions, be rendered 
ineligible to any office of trust or profit under this State, nor be dis¬ 
qualified from testifying, or from serving as a juror; that no human 
authority can control or interfere with the rights of conscience; that 
no person ought, by any law, to be molested in his person or estate, on 
account of his religious persuasion or profession; but the liberty of 
conscience hereby secured shall not be so construed as to excuse acts of 
licentiousness, nor to justify practices inconsistent with the good order, 
peace or safety of this State, or with the rights of others. 

Sect. 6. Religion, individual support of not compulsory. — That no 
person can be compelled to erect, support or attend any place or system 


96 


THE GO^^ERNMENT OF MISSOURI 


of worship, or to maintain or support any priest, minister, preacher or 
teacher of any sect, church, creed or denomination of religion; but if 
any person shall voluntarily make a contract for any such object, he 
shall be held to the performance of the same. 

Sect. 7. Religion, State must not aid church. — That no money shall 
ever be taken from the public treasury, directly or indirectly, in aid of 
any church, sect or denomination of rehgion, or in aid of any priest, 
preacher, minister or teacher thereof, as such; and that no preference 
shall be given to nor any discrimination made against any church, 
sect or creed of religion, or any form of religious faith or worship. 

Sect. 8. Rehgious corporation may be established for one purpose 
only. — That no religious corporation can be established in this State, 
except such as may be created under a general law for the purpose only 
of holding the title to such real estate as may be prescribed by law for 
church edifices, parsonages and cemeteries. 

Sect. 9. Elections must be free and open. — That all elections shall 
be free and open; and no power, civil or military, shall at any time 
interfere to prevent the free exercise of the right of suffrage. 

Sect. 10. Courts of justice must be open. — The courts of justice 
shall be open to every person, and certain remedy afforded for every 
injury to person, property or character, and that right and justice should 
be administered without sale, denial or delay. 

Sect. 11. Security from search and seizure, requisites of warrant. —■ 
That the people shall be secure in their persons, papers, homes and 
effects, from unreasonable searches and seizures; and no warrant to 
search any place, or seize any person or thing, shall issue without 
describing the place to be searched, or the person or thing to be seized, 
as nearly as may be; nor without probable cause, supported by oath 
or affirmation reduced to writing. 

Sect. 12. Criminal prosecutions must be by indictment or informa¬ 
tion. — No person shall be prosecuted criminally for felony or mis¬ 
demeanor otherwise than by indictment or information, which shall be 
concurrent remedies, but this shall not be construed to apply to cases 
arising in the land or naval forces or in the militia when in actual service 
in time of war or public danger. 

Sect. 13. Treason defined, no attainder, estates of suicides not 
forfeited. — That treason against the State can consist only in levying 
war against it, or in adhering to its enemies, giving them aid and com¬ 
fort; that no person can be convicted of treason, unless on the testi¬ 
mony of two witnesses to the same overt act, or on his confession in open 
court; that no person can be attainted of treason or felony by the 
General Assembly; that no conviction can work corruption of blood or 


THE CONSTITUTION 


97 


forfeiture of estate; that the estates of such persons as may destroy 
their own lives shall descend or vest as in cases of natural death; and 
when any person shall be killed by casualty, there shall be no forfeiture 
by reason thereof. 

Sect. 14 . Freedom of speech, press — libel, truth in justification— 
duty of jury. — That no law shall be passed impairing the freedom of 
speech; that every person shall be free to say, write or publish whatever 
he will on any subject, being responsible for all abuse of that liberty; 
and that in all suits and prosecutions for libel the truth thereof may be 
given in evidence, and the jury, under the direction of the court, shall 
determine the law and the fact. 

Sect. 15 . Ex post facto laws, etc., prohibited. — That no ex post 
facto law, nor law impairing the obligation of contracts, or retrospective 
in its operation, or making any irrevocable grant of special privileges 
or immunities, can be passed by the General Assembly. 

Sect. 16 . No imprisonment for debt. — That imprisonment for 
debt shall not be allowed, except for the non-payment of fines and 
penalties imposed for violation of law. 

Sect. 17. Right to bear arms, when. — That the right of no citizen 
to keep and bear arms in defense of his home, person and property, or 
in aid of the civil power, when thereto legally summoned, shall be called 
in question; but nothing herein contained is intended to justify the 
practice of wearing concealed weapons. 

Sect. 18 . Officers to attend personally to duties. — That no person 
elected or appointed to any office or employment of trust or profit under 
the laws of this State, or any ordinance of any municipality in this 
State, shall hold such office without personally devoting his time to the 
performance of the duties to the same belonging. 

Sect. 19 . Collectors, receivers, etc., in default, ineligible to office. — 
That no person who is now or may hereafter become a collector or 
receiver of public money, or assistant or deputy of such collector or 
receiver, shall be eligible to any office of trust or profit in the State of 
Missouri under the laws thereof, or of any municipality therein, until 
he shall have accounted for and paid over all the public money for which 
he may be accountable. 

Sect. 20. Private property not to be taken for private use — excep¬ 
tions — public use a judicial question. — That no private property 
can be taken for private use, with or without compensation, unless by 
the consent of the owner, except for private ways of necessity, and except 
for drains and ditches across the lands of others for agricultural and 
sanitary purposes, in such manner as may be prescribed by law; and 
that whenever an attempt is made to take private property for a use 


98 


THE GOVERNMENT OF MISSOURI 


alleged to be public, the question whether the contemplated use be 
really public shall be a judicial question, and as such judicially deter¬ 
mined, wdthout regard to any legislative assertion that the use is public. 

Sect. 21. Private property for public use — compensation. — That 
private property shall not be taken or damaged for public use wdthout 
just compensation. Such compensation shall be ascertained by a jury 
or board of commissioners of not less than three freeholders, in such 
manner as may be prescribed by law; and until the same shall be paid 
to the owner, or into court for the owner, the property shall not be dis¬ 
turbed or the proprietary rights of the owner therein divested. The fee 
of Land taken for railroad tracks without consent of the owner thereof 
shall remain in such owner, subject to the use for which it is taken. 

Sect. 22. Rights of accused in criminal prosecutions. — In criminal 
prosecutions the accused shall have the right to appear and defend, in 
person and by counsel; to demand the nature and cause of the accusa¬ 
tion; to meet the witnesses against him face to face; to have process 
to compel the attendance of witnesses in his behalf; and a speedy, 
public trial by an impartial jury of the county. 

Sect. 23. Accused not compelled to testify — twice in jeopardy, 
etc. — That no person shall be compelled to testify against himself in a 
criminal cause, nor shall any person, after being once acquitted by a jury, 
be again, for the same offense, put in jeopardy of life or liberty; but if 
the jury to which the question of his guilt or innocence is submitted fail 
to render a verdict, the court before which the trial is had may, in its 
discretion, discharge the jury and conunit or bail the prisoner for trial 
at the next term of court, or, if the state of business will permit, at the 
same term; and if judgment be arrested after a verdict of guilty on a 
defective indictment, or if judgment on a verdict of guilty be reversed 
for error in law, nothing herein contained shall prevent a new trial of the 
prisoner on a proper indictment, or according to correct principles of law. 

Sect. 24. Bail, when allowed. — That all persons shall be bailable 
by sufficient sureties, except for capital offenses, when the proof is 
evident or the presumption great. 

Sect. 25. Excessive bail and fines and unusual punishment for¬ 
bidden. — That excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishment inflicted. 

Sect. 26. Habeas corpus. — That the privilege of the writ of habeas 
corpus shall never be suspended. 

Sect. 27. Military subordinate to civil power. — That the military 
shall always be in strict subordination to the civil power; that no soldier 
shall, in time of peace, be quartered in any house without the consent 
of the owner, nor in time of war, except in the manner prescribed by law. 


THE CONSTITUTION 


99 


Sect. 28. Trial by jury inviolate — majority verdicts — grand jury, 
twelve men. — The right of trial by jury, as heretofore enjoyed, shall 
remain inviolate; but a jury for the trial of criminal or civil cases, in 
courts not of record, may consist of less than twelve men, as may be 
prescribed by law; and that a two-thirds majority of such number 
prescribed by law concurring may render a verdict in all civil cases. 
And that in the trial by jury of all civil cases in courts of record, three- 
fourths of the members of the jury concurring may render a verdict. 
Hereafter, a grand jury shall consist of twelve men, any nine of whom 
concurring may find an indictment or a true bill; Provided, however, 
that no grand jury shall be convened except upon an order of a judge of a 
court having the power to try and determine felonies; but when so 
assembled such grand jury shall have power to investigate and return 
indictments for all character and grades of crime. 

Sect. 29. Right to assemble and petition. — That the people have the 
right peaceably to assemble for their common good, and to apply to 
those invested with the powers of government for redress of grievances 
by petition or remonstrance. 

Sect. 30. Due process of law. — That no person shall be deprived of 
life, liberty or property without due process of law. 

Sect. 31. Slavery prohibited. — That there cannot be in this State 
either slavery or involuntary servitude, except as a punishment for 
crime, whereof the party shall have been duly convicted. 

Sect. 32. Rights reserved. — The enumeration in this Constitution 
of certain rights shall not be construed to deny, impair or disparage 
others retained by the people. 


ARTICLE HI. 

THE DISTRIBUTION OF POWERS. 

Three departments of government. — The powers of government 
shall be divided into three distinct departments — the legislative, 
executive and judicial — each of which shall be confided to a separate 
magistracy, and no person, or collection of persons, charged with the 
exercise of powers properly belonging to one of those departments, shall 
exercise any power properly belonging to either of the others, except in 
the instances in this Constitution expressly directed or permitted. 


100 


THE GOVERNMENT OF MISSOURI 


ARTICLE IV. 

LEGISLATIVE DEPARTMENT. 


Section 

1. Vested in general assembly. 

REPRESENTATION AND APPORTIONMENT. 

2. Time of electing representatives — ratio of apportionment. 

3. Division of counties into representative districts. 

4. Qualifications of representatives. 

5. Thirty-four senators — senatorial districts — term. 

6. Qualifications of senators — division of counties into senatorial districts. 

7. Rule of apportionment for senators and representatives, when and how made. 

8. Number of representatives, how distributed, until apportionment. 

9. Districts may be altered — contiguity. 

10. Senators and representatives, w’hen elected. 

11. Senators and representatives cannot hold another oflSce — certain oflScers not 

eligible. 

12. Removal of residence vacates office. 

13. Writs of election to fill vacancies. 

14. Oath of office, refusal to take, penalty for violation of. 

15. Pay of members and employes — expenses of committees. 

16. Organization and rules — punishment of disorderly members and other persons. 

17. Quorum — compelling attendance of absent members. 

18. Sessions must be public. 

19. Time of meeting — biennial sessions. 

20. Adjournment for more than three days. 

21. Adjournment for three days or less. 

22. Adjournments — consent, when required. 

LEGISLATIVE PROCEEDINGS. 

23. Style of laws — enacting clause. 

24. Laws to be passed by bill — amendments. 

25. Bills, where to originate — to be read on three different days. 

26. Bills to be reported upon and printed. 

27. Bills to contain but one subject — title. 

28. Amendments to be engrossed and printed — committee to report. 

29. Proceedings when bills are returned amended by the other house. 

30. Final vote on a bill — yeas and nays. 

31. Vote on amendments and reports of committees of conference. 

32. Reviving and re-enacting laws, how. 

33. Act amended, how. 

34. Motion to reconsider. 

35. When laws shall take effect — emergency. 

36. Bills to be signed by presiding officers — objections to be disposed of, how. 

37. Bills presented to governor for approval. 

38. Proceedings when a bill is returned without approval. 

39. Failure of governor to perform duty, bill to be enrolled as an authentic act. 

40. Revising the laws. 

41. Each house shall publish a journal — yeas and nays demanded, noting names 

of absentees. 


■ 


THE CONSTITUTION 


101 


LIMITATION ON LEGISLATIVE POWER. 

42. Revenue to be paid into treasury — order of appropriations. 

43. Power of the legislature to create debts and liabilities limited. 

44. State’s credit cannot be pledged. 

45. Grants of public money prohibited, except in case of public calamity. 

46. Municipalities cannot lend their credit nor become stockholders—firemen’s 

fund. 

47. Extra allowance to ofiBcers and payment of unauthorized contracts prohibited. 

48. Subscriptions by the state prohibited. 

49. State lien on railroads not to be released. 

50. Release of debts to State, county or municipality prohibited. 

51. Payment of the w’ar debt. 

52. Special legislation prohibited — special acts may be repealed. 

53. Notice of application for the enactment of local laws. 

54. Extra session, power limited. 

55. Seat of government to remain at Jefferson City. 

Section 1. The Legislative power, subject to the limitations herein 
contained, shall be vested in a Senate and House of Representatives, 
to be styled “ The General Assembly of the State of Missom-i.” 

REPRESENTATION AND APPORTIONMENT. 

Sect. 2. Representatives, term, apportionment. — The House of 
Representatives shall consist of members to be chosen every second 
year by the qualified voters of the several counties, and apportioned in 
the following manner: The ratio of representation shall be ascertained 
at each apportioning session of the General Assembly, by dividing the 
whole number of inhabitants of the State, as ascertained by the last 
decennial census of the United States, by the number two hundred. 
Each county having one ratio, or less, shall be entitled to one Representa¬ 
tive; each county having two and a half times said ratio shall be entitled 
to two Representatives; each county having four times said ratio shall 
be entitled to three Representatives; each county having six times 
such ratio shall be entitled to four Representatives, and so on above 
that number, giving one additional member for every two and a half 
additional ratios. 

Sect. 3. Counties, division of into districts. — When any county 
shall be entitled to more than one Representative, the county court 
shall cause such county to be subdivided into districts of compact and 
contiguous territory, corresponding in number to the Representatives 
to which such county is entitled, and in population as nearly equal 
as may be, in each of which the qualified voters shall elect one Repre¬ 
sentative, who shall be a resident of such district: Provided, That when 
any county shall be entitled to more than ten Representatives, the 


102 


THE GOVERNMENT OF MISSOURI 


circuit court shall cause such county to be subdivided into districts, 
so as to give each district not less than two nor more than four Repre¬ 
sentatives, who shall be residents of such district — the population of 
the districts to be proportioned to the number of Representatives to 
be elected therefrom. 

Sect. 4. Representatives — qualifications. — No person shall be a 
member of the House of Representatives who shall not have attained 
the age of twenty-four years, who shall not be a male citizen of the 
United States, who shall not have been a qualified voter of this State 
two years, and an inhabitant of the county or district which he may be 
chosen to represent one year next before the day of his election, if such 
county or district shall have been so -long established, but if not, then 
of the county or district from which the same shall have been taken, 
and who shall not have paid a State and county tax within one year next 
preceding the election. 

Sect. 5. Senators, number — term — Senatorial districts. — The 
Senate shall consist of thirty-four members, to be chosen by the qualified 
voters of their respective districts for four years. For the election of 
Senators the State shall be divided into convenient districts, as nearly 
equal in population as may be, the same to be ascertained by the last 
decennial census taken by the United States. 

Sect. 6. Senators, qualifications — coimties divided, when. — No 
person shall be a Senator who shall not have attained the age of thirty 
years, who shall not be a male citizen of the United States, who shall 
not have been a qualified voter of this State three years, and an in¬ 
habitant of the district which he may be chosen to represent one year 
next before the day of his election, if such district shall have been so 
long established, but if not, then of the district or districts from which 
the same shall have been taken, and who shall not have paid a State 
and county tax within one year next preceding the election. When any 
county shall be entitled to more than one Senator, the circuit court shall 
cause such county to be subdivided into districts of compact and con¬ 
tiguous territory, and of population as nearly equal as may be, cor¬ 
responding in number with the Senators to which such county may be 
entitled; and in each of these one Senator, who shall be a resident of 
such district, shall be elected by the qualified voters thereof. 

Sect. 7. Apportionment, rule of — when and how made. — Senators 
and Representatives shall be chosen according to the rule of apportion¬ 
ment established in this Constitution, until the next decennial census 
by the United States shall have been taken, and the result thereof as to 
this State ascertained, when the apportionment shall be revised and 
adjusted on the basis of that census, and every ten years thereafter 


THE CONSTITUTION 


103 


upon the basis of the United States census; or if such census be not 
taken, or is delayed, then on the basis of a State census; such ap¬ 
portionment to be made at the first session of the General Assembly 
after each such census: Provided, That if at any time, or from any 
cause, the General Assembly shall fail or refuse to district the State for 
Senators, as required in this section, it shall be the duty of the Governor, 
Secretary of State and Attorney-General, within thirty days after the 
adjournment of the General Assembly on which such duty devolved, 
to perform said duty, and to file in the office of the Secretary of State 
a full statement of the districts formed by them, including the names of 
the counties embraced in each district, and the numbers thereof; said 
statement to be signed by them, and attested by the Great Seal of the 
State, and upon the proclamation of the Governor, the same shall be 
as binding and effectual as if done by the General Assembly. 

Sect. 8. Representatives, number of until apportionment. — Until 
an apportionment of Representatives can be made in accordance with 
the provisions of this article, the House of Representatives shall con¬ 
sist of one hundred and forty-three members, which shall be divided 
among the several counties of the State as follows: The county of St. 
Louis shall have seventeen; the county of Jackson four; the county of 
Buchanan three; the counties of Franklin, Greene, Johnson, Lafayette, 
Macon, Marion, Pike and Saline, each two, and each of the other 
counties in the State one. 

Sect. 9. Districts, alteration, contiguity. — Senatorial and Repre¬ 
sentative districts may be altered, from time to time, as public conven¬ 
ience may require. When any Senatorial district shall be composed of 
two or more counties, they shall be contiguous; such districts to be as 
compact as may be, and in the formation of the same no county shall 
be divided. 

Sect. 10. Senators and Representatives, when elected. — The first 
election of Senators and Representatives, under this Constitution, 
shall be held at the general election in the year one thousand eight 
hundred and seventy-six, when the whole number of Representatives, 
and the Senators from the districts having odd numbers, who shall 
compose the first class, shall be chosen; and in one thousand eight 
hundred and seventy-eight, the Senators from the districts having even 
numbers, who shall compose the second class, and so on at each suc¬ 
ceeding general election, half the Senators provided for by this Con¬ 
stitution shall be chosen. 

Sect. 11. Members of General Assembly cannot hold other offices — 
certain officers not eligible. — No Senator or Representative shall, 
during the term for which he shall have been elected, be appointed to 


104 


THE GOVERNMENT OF MISSOURI 


any office under this State, or any municipality thereof; and no member 
of Congress or person holding any lucrative office under the United 
States, or this State, or any municipality thereof (militia officers, justices 
of the peace and notaries pubhc excepted), shall be eligible to either 
house of the General Assembly, or remain a member thereof, after hav¬ 
ing accepted any such office or seat in either house of Congress. 

Sect. 12. Office vacated by removal of residence. — If any Senator 
or Representative remove his residence from the district or county 
for which he was elected, his office shall thereby be vacated. 

Sect. 13. Writs of election to fill vacancy. — Writs of election to 
fill such vacancies as may occur in either house of the General Assembly 
shall be issued by the Governor. 

Sect. 14. Oath of office, where administered, refusal to take, viola¬ 
tion of. — Every Senator and Representative elect, before entering 
upon the duties of his office, shall take and subscribe the following oath 
or affirmation: “ I do solemnly swear, or affirm, that I will support the 
Constitution of the United States and of the State of Missouri, and 
faithfully perform the duties of my office; and that I will not knowingly 
receive, directly or indirectly, any money or other valuable thing for 
the performance or non-performance of any act or duty pertaining to 
my office, other than the compensation allowed by law.” The oath 
shall be administered in the halls of their respective houses, to the 
members thereof, by some judge of the Supreme court, or the circuit 
court, or the county court of Cole County, or after the organization by 
the presiding officer of either house, and shall be filed in the office of the 
Secretary of State. Any member of either house refusing to take said 
oath or affirmation shall be deemed to have thereby vacated his office, 
and any member convicted of having violated his oath or affirmation 
shall be deemed guilty of perjury, and be forever thereafter disqualified 
from holding any office of trust or profit in this State. 

Sect. 15. Pay of members and employes — expenses of com¬ 
mittees. — The members of the General Assembly shall severally receive 
from the public treasury such compensation for their services as may, 
from time to time, be provided by law, not to exceed five dollars per 
day for the first seventy days of each session, and after that not to 
exceed one dollar per day for the remainder of the session, except the 
first session held under this Constitution, and during revising sessions, 
when they may receive five dollars per day for one hundred and twenty 
days, and one dollar per day for the remainder of such sessions. In 
addition to per diem, the members shall be entitled to receive traveling 
expenses or mileage, for any regular and extra session not greater than 
now provided by law; but no member shall be entitled to traveling ex- 


THE CONSTITUTION 


105 


penses or mileage for any extra session that may be called within one 
day after an adjournment of a regular session. Committees of either 
house, or joint committees of both houses, appointed to examine the 
institutions of the State, other than those at the seat of government, 
may receive their actual expenses, necessarily incurred while in the 
performance of such dutyj the items of such expenses to be returned 
to the chairman of such committee, and by him certified to the State 
Auditor, before the same, or any part thereof, can be paid. Each 
member may receive at each regular session an additional sum of thirty 
dollars, which shall be in full for all stationery used in his official capacity, 
and all postage, and all other incidental expenses and perquisites; 
and no allowance or emoluments, for any purpose whatever, shall be 
made to or received by the members, or any member of either house, 
or for their use, out of the contingent fund or otherwise, except as herein 
expressly provided; and no allowance or emolument, for any purpose 
whatever, shall ever be paid to any officer, agent, servant or employe 
of either house of the General Assembly, or of any committee thereof, 
except such per diem as may be provided for by law, not to exceed five 
dollars. 

Sect. 16. Organization and rules — may punish members and other 
persons. — Each house shall appoint its own officers; shall be sole 
judge of the qualifications, election and returns of its own members; 
may determine the rules of its own proceedings, except as herein pro¬ 
vided; may arrest and punish by fine not exceeding three hundred 
dollars, or imprisonment in a county jail not exceeding ten days, or 
both, any person, not a member, who shall be guilty of disrespect to the 
house by any disorderly or contemptuous behavior in its presence 
during its sessions; may punish its members for disorderly conduct, 
and, with the concurrence of two-thirds of all members elect, may 
expel a member; but no member shall be expelled a second time for the 
same cause. 

Sect. 17. Majority a quorum, absent members. — A majority of 
the whole number of members of each house shall constitute a quorum 
to do business; but a smaller number may adjourn from day to day, 
and may compel the attendance of absent members in such manner 
and under such penalties as each house may provide. 

Sect. 18. Sessions must be public.—'The sessions of each house 
shall be held with open doors, except in cases which may require secrecy. 

Sect. 19. Time of meeting — biennial sessions. — The General 
Assembly elected in the year one thousand eight hundred and seventy- 
six shall meet on the first Wednesday after the first day of Januar}^, 
one thousand eight hundred and seventy-seven; and thereafter the 


106 


THE GOVERNMENT OF MISSOURI 


General Assembly shall meet in regular session once only in every two 
years; and such meeting shall be on the first Wednesday after the first 
day of January next after the elections of the members thereof. 

Sect. 20. Adjournment for over three days final. — Every adjourn¬ 
ment or recess taken by the General Assembly for more than three days 
shall have the effect of and be an adjournment sine die. 

Sect. 21. Adjournment for three days or less. — Every adjourn¬ 
ment or recess taken by the General Assembly for three days or less 
shall be construed as not interrupting the session at which they are had 
or taken, but as continuing the session for all the purposes mentioned 
in section fifteen of this .article. 

Sect. 22. Adjournments — consent, when required. — Neither 
house shall, without the consent of the other, adjourn for more than 
two days at any one time, nor to any other place than that in which 
the two houses may be sitting. 


LEGISLATIVE PROCEEDINGS. 

Sect. 23. Style of laws — enacting clause. — The style of the laws 
of this State shall hQ> Be it enacted by the General Assembly of the 
State of Missouri, as follows.’’ 

Sect. 24. Laws passed by bills, extent of amendments. — No law 
shall be passed except by bill, and no bill shall be so amended in its 
passage through either house as to change its original purpose. 

Sect. 25. Origin of bills — must be read on three days. — Bills 
may originate in either house, and may be amended or rejected by the 
other; and every bill shall be read on three different days in each house. 

Sect. 26. Bills must be reported and printed. — No bill shall be 
considered for final passage unless the same has been reported upon by 
a committee and printed for the use of the members. 

Sect. 27. Bills must contain but one subject — exceptions — title. — 
No bill (except general appropriation bills, which may embrace the 
various subjects and accounts for and on account of which moneys are 
appropriated, and except bills passed under the third subdivision of 
section forty-three of this article) shall contain more than one subject, 
which shall be clearly expressed in its title. 

Sect. 28. Amendments to be incorporated in bill and printed — 
committee on printing and engrossment to report. — All amendments 
adopted by either house to a bill pending and originating in the same 
shall be incorporated with the bill by engrossment, and the bill as thus 
engrossed shall be printed for the use of the members before its final 
passage. The engrossing and printing shall be under the supervision 


THE CONSTITUTION 


107 


of a committee, whose report to the house shall set forth, in writing, 
that they find the bill truly engrossed, and that the printed copy fur¬ 
nished to the members is correct. 

Sect. 29. Proceedings when bills passed by one house are amended 
by the other. — If a bill passed by either house be returned thereto, 
amended by the other, the house to which the same is returned shall 
cause the amendment or amendments so received to be printed under 
the same supervision as provided in the next preceding section, for the 
use of the members before final action on such amendments. 

Sect. 30. Final vote on bills, yeas and nays. — No bill shall become 
a law unless on its final passage the vote be taken by yeas and nays, 
the names of the members voting for and against the same be entered 
on the journal, and a majority of the members elected to each house 
be recorded thereon as voting in its favor. 

Sect. 31. Vote on amendments and reports of conference com¬ 
mittees. — No amendment to bills by one house shall be concurred in 
by the other, except by.a vote of a majority of the members elected 
thereto, taken by yeas and nays, and the names of those voting for and 
against recorded upon the journal thereof; and reports of committees 
of conference shall be adopted in either house only by the vote of a 
majority of the members elected thereto, taken by yeas and nays, and 
the names of those voting recorded upon the journal. 

Sect. 32. Act revived or re-enacted, how. — No act shall be revived 
or re-enacted by mere reference to the title thereof, but the same shall 
be set forth at length, as if it were an original act. 

Sect. 33. Act amended, how. — No act shall be amended by pro¬ 
viding that designated words thereof be stricken out, or that desig¬ 
nated words be inserted, or that designated words be stricken out and 
others inserted in lieu thereof; but the words to be stricken out, or the 
words to be inserted, or the words to be stricken out and those inserted 
in lieu thereof, together with the act or section amended, shall be set 
forth in full as amended. 

Sect. 34. Motion to reconsider — bill on final passage. — When a 
bill is put upon its final passage in either house, and failing to pass, a 
motion is made to reconsider the vote by which it was defeated, the 
vote upon such motion to reconsider shall be immediately taken, and 
the subject finally disposed of before the house proceeds to any other 
business. 

Sect. 35. Laws take effect, when — emergency, vote required. — 

No law passed by the General Assembly, except the general appropria¬ 
tion act, shall take effect or go into force until ninety days after the 
adjournment of the session at which it was enacted, unless in case of 


108 


THE GOVERNMENT OF MISSOURI 


an emergency (which emergency must be expressed in the preamble 
or in the body of the act), the General Assembly shall, by a vote of 
two-thirds of all the members elected to each house, otherwise direct; 
said vote to be taken by yeas and nays, and entered upon the journal. 

Sect. 36. Bill signed by presiding officers — members may object — 
proceedings. — No bill shall become a law until the same shall have been 
signed by the presiding officer of each of the two houses in open session; 
and before such officer shall affix his signature to any bill, he shall 
suspend all other business, declare that such bill will now be read, and 
that, if no objections be made, he will sign the same to the end that it 
may become a law. The bill shall then be read at length, and if no 
objection be made, he shall, in presence of the house, in open session, 
and before any other business is entertained, affix his signature, which 
fact shall be noted on the journal, and the bill immediately sent to 
the other house. When it reaches the other house, the presiding officer 
thereof shall immediately suspend all other business, announce the re¬ 
ception of the bill, and the same proceedings shall thereupon be observed, 
in every respect, as in the house in which it was first signed. If in 
either house any member shall object that any substitution, omission 
or insertion has occurred, so that the bill proposed to be signed is not 
the same in substance and form as when considered and passed by the 
house, or that any particular clause of this article of the Constitution 
has been violated in its passage, such objection shall be passed upon 
by the house, and if sustained, the presiding officer shall withhold his 
signature; but if such objection shall not be sustained, then any five 
members may embody the same, over their signatures, in a written 
protest, under oath, against the signing of the bill. Said protest, 
when offered in the house, shall be noted upon the journal, and the 
original shall be annexed to the bill to be considered by the Governor 
in connection therewith. 

Sect. 37. Bills presented to Governor for approval. — When the 
bill has been signed, as provided for in the preceding section, it shall 
be the duty of the Secretary of the Senate, if the bill originated in the 
Senate, and of the Chief Clerk of the House of Representatives, if the 
bill originated in the House, to present the same in person, on the same 
day on which it was signed as aforesaid, to the Governor, and enter the 
fact upon the journal. Every bill presented to the Govertior, and 
returned within ten days to the house in which the same originated, 
with the approval of the Governor, shall become a law, unless it be in 
violation of some provision of this Constitution. 

Sect. 38. Proceedings when a bill is returned without approval. — 
Every bill presented as aforesaid, but returned without the approval of 


THE CONSTITUTION 


109 


the Governor, and with his objections thereto, shall stand as reconsid¬ 
ered in the house to which it is returned. The house shall cause the 
objections of the Governor to be entered at large upon the journal, 
and proceed, at its convenience, to consider the question pending, which 
shall be in this form: “ Shall the bill pass, the objections of the Governor 
thereto notwithstanding? ” The vote upon this question shall be taken 
by yeas and nays, and the names entered upon the journal, and if 
two-thirds of all the members elected to the house vote in the affirmative, 
the presiding officer of that house shall certify that fact on the roll, 
attesting the same by his signature, and send the bill, with the objec¬ 
tions of the Governor, to the other house, in which like proceedings 
shall be had in relation thereto; and if the bill receive a like majority 
of the votes of all the members elected to that house, the vote being 
taken by yeas and nays, the presiding officer thereof shall, in like man¬ 
ner, certify the fact upon the bill. The bill thus certified shall be 
deposited in the office of the Secretary of State, as an authentic act, 
and shall become a law in the same manner and with hke effect as if it 
had received the approval of the Governor. 

Sect. 39. Failure of Governor to approve or return bill — proceed¬ 
ings. — Whenever the Governor shall fail to perform his duty, as 
prescribed in section 12, Article V of this Constitution, in relation to 
any bill presented to him for his approval, the General Assembly may, 
by joint resolution, reciting the fact of such failure and the bill at length, 
direct the Secretary of State to enroll the same as an authentic act, in 
the archives of the State, and such enrollment shall have the same effect 
as an approval by the Governor: Provided, That such joint resolution 
shall not be submitted to the Governor for his approval. 

Sect. 40. Revision of the laws. — Within five years after the adop¬ 
tion of this Constitution, all the statute laws of a general nature, both 
civil and criminal, shall be revised, digested and promulgated in such 
manner as the General Assembly shall direct; and a like revision, 
digest and promulgation shall be made at the expiration of every sub¬ 
sequent period of ten years. 

Sect. 41. Journal of each house published — yeas and nays taken 
on demand — absentees noted. — Each house shall, from time to time, 
publish a journal of its proceedings, and the yeas and nays on any 
question shall be taken and entered on the journal at the motion of 
any two members. Whenever the yeas and nays are demanded, the 
whole list of members shall be called, and the names of the absentees 
shall be noted and published in the journal. 


110 


THE GOVERNMENT OF MISSOURI 


LIMITATION ON LEGISLATIVE POWER. 

Sect. 42. Appropriations, order of, must be by law — revenue to go 
into treasury. — All revenue collected and moneys received by the 
State from any source whatsoever shall go into the treasury, and the 
General Assembly shall have no power to divert the same, or to permit 
money to be drawn from the treasury, except in pursuance of regular 
appropriations made by law. All appropriations of money by the 
successive General Assemblies shall be made in the following order: 

First, For the payment of all interest upon the bonded debt of the 
State that may become due during the term for which each General 
Assembly is elected. 

Second, For the benefit of the sinking fund, which shall not be less 
annually than two hundred and fifty thousand dollars. 

Third, For free public school purposes. 

Fourth, For the payment of the cost of assessing and collecting the 
revenue. 

Fijth, For the payment of the civil list. 

Sixth, For the support of the eleemosynary institutions of the State. 

Seventh, For the pay of the General Assembly, and such other pur¬ 
poses not herein prohibited as it may deem necessary; but no General 
Assembly shall have power to make any appropriation of money for 
any purpose w^hatsoever, until the respective sums necessary for the 
purposes in this section specified have been set apart and appropriated, 
or to give priority in its action to a succeeding over a preceding item 
as above enumerated. 

Sect. 43. General Assembly not to contract debts except as herein. 
—■ The General Assembly shall have no power to contract or to 
authorize the contracting of any debt or liability on behalf of the State, 
or to issue bonds or other evidences of indebtedness thereof, except in 
the following cases: 

First, In renewal of existing bonds, when they cannot be paid at 
maturity, out of the sinking fund or other resources. 

Second, On the occurring of an unforeseen emergency, or casual 
deficiency of the revenue, when the temporary liability incurred, upon 
the recommendation of the Governor first had, shall not exceed the sum 
of two hundred and fifty thousand dollars for any one year, to be paid 
in not more than two years from and after its creation. 

Third, On the occurring of any unforeseen emergency, or casual 
deficiency of the revenue, wRen the temporary liability incurred or to be 
incurred shall exceed the sum of two hundred and fifty thousand dollars 
for any one year, the General Assembly may submit an act providing for 


THE CONSTITUTION 


111 


the loan, or for the contracting of the liability, and containing a provi¬ 
sion for levying a tax sufficient to pay the interest and principal when 
they become due (the latter in not more than thirteen years from the 
date of its creation), to the qualified voters of the State, and when the 
act so submitted shall have been ratified by a two-thirds majority, at 
an election held for that purpose, due publication having been made of 
the provisions of the act for at least three months before such election, 
the act thus ratified shall be irrepealable until the debt thereby in¬ 
curred shall be paid, principal and interest. 

Sect. 44. State’s credit not to be loaned. — The General Assembly 
shall have no power to give or to lend, or to authorize the giving or 
lending of the credit of the State in aid of or to any person, association 
or corporation, whether municipal or other, or to pledge the credit of the 
State in any manner whatsoever, for the payment of the liabilities, 
present or prospective, of any individual, association of individuals, 
municipal or other corporation whatsoever; Provided, That the General 
Assembly shall have the power to appropriate from funds in the State 
sinking fund, being the proceeds of the tax authorized under section 
14 of article X of the Constitution, to an amount not exceeding one 
million dollars for the exhibition of the resources, products and industries 
of the State in the centennial celebration of the Louisiana purchase in 
the city of St. Louis. 

Sect. 45. Public money, grant of prohibited. — The General As¬ 
sembly shall have no power to make any grant, or to authorize the 
making of any grant of public money or thing of value to any individual, 
association of individuals, municipal or other corporation whatsoever: 
Provided, That this shall not be so construed as to prevent the grant 
of aid in a case of public calamity. 

Sect. 46. Municipalities not to lend credit or grant public money — 
firemen’s fund permitted.— The General Assembly shall have no power 
to authorize any county, city, town or township, or other political 
corporation or subdivision of the State now existing, or that may be 
hereafter established, to lend its credit, or to grant public money or 
thing of value in aid of or to any individual, association or corporation 
whatsoever, or to become a stockholder in such corporation, association 
or company: Provided, That this shall not be so construed as to pro¬ 
hibit the General Assembly from providing by law for authorizing the 
creation, maintenance and management of a fund for the pensioning 
of crippled and disabled firemen, and for the relief of the widows and 
minor children of deceased firemen, by such cities, villages or incorpo¬ 
rated towns as may have an organized fire department — said fund to be 
taken from the municipal revenue of such cities, villages or incorporated 
towns. 


112 


THE GOVERNMENT OF MISSOURI 


Sect. 47. Extra pay to public officers, agents, etc., and payment of 
imauthorized contracts prohibited. — The General Assembly shall 
have no power to grant, or to authorize any county or municipal au¬ 
thority to grant any extra compensation, fee or allowance to a public 
officer, agent, servant or contractor, after service has been rendered or 
contract has been entered into and performed in whole or in part, nor 
pay nor authorize the payment of any claim hereafter created against 
the State, or any county or municipality of the State, under any agree¬ 
ment or contract made without express authority of law; and all such 
unauthorized agreements or contracts shall be null and void. 

Sect. 48. State stock subscriptions prohibited. — The General 
Assembly shall have no power hereafter to subscribe or authorize the 
subscription of stock on behalf of the State, in any corporation or 
association, except for the purpose of securing loans heretofore extended 
to certain railroad corporations by the State. 

Sect. 49. State liens on railroads, not to be released. — The General 
Assembly shall have no power to release or alienate the lien held by the 
State upon any railroad, or in anywise change the tenor or meaning, 
or pass any act explanatory thereof; but the same shall be enforced in 
accordance with the original terms upon which it was acquired. 

Sect. 50. Release of debts to State, county or municipality pro¬ 
hibited. — The General Assembly shall have no power to release or 
extinguish, or authorize the releasing or extinguishing, in whole or in 
part, the indebtedness, liability or obligation of any corporation or 
individual to this State, or to any county or other municipal corpora¬ 
tion therein. 

Sect. 51. War debt, payment of. — The General Assembly shall 
have no power to make any appropriation of money, or to issue any 
bonds or other evidences of indebtedness for the payment, or on account 
or in recognition of any claims audited or that may hereafter be audited 
by virtue of an act entitled “ An act to audit and adjust the war debt 
of the State,” approved March 19, 1874, or any act of a similar nature, 
until after the claims so audited shall have been presented to and paid 
by the Government of the United States to the State of Missouri. 

Sect. 52. Special and local laws prohibited. — The General Assembly 
shall not pass any local or special law: 

(1) Authorizing the creation, extension or impairing of liens: 

(2) Regulating the affairs of counties, cities, townships, wards or 
school districts: 

(3) Changing the names of persons or places: 

(4) Changing the venue in civil or criminal cases: 

(5) Authorizing the laying out, opening, altering or maintaining 
roads, highways, streets or alleys: 


THE CONSTITUTION 


113 


(6) Relating to ferries or bridges, or incorporating ferry or bridge 
companies, except for the erection of bridges crossing streams which 
form boundaries between this and any other State: 

(7) Vacating roads, town plats, street or alleys: 

(8) Relating to cemeteries, grave-yards or public grounds not of the 
State: 

(9) Authorizing the adoption or legitimation of children: 

(10) Locating or changing county seats: 

(11) Incorporating cities, towns or villages, or changing their charters: 

(12) For the opening and conducting of elections, or fixing or chang¬ 
ing the places of voting: 

(13) Granting divorces: 

(14) Erecting new townships, or changing township lines, or the 
lines of school districts: 

(15) Creating offices, or prescribing the powers and duties of officers 
in counties, cities, townships, election or school districts: 

(16) Changing the law of descent or succession: 

(17) Regulating the practice or jurisdiction of, or changing the rules 
of evidence in any judicial proceeding or inquiry before courts, justices 
of the peace, sheriffs, commissioners, arbitrators or other tribunals, 
or providing or changing methods for the collection of debts, or the 
enforcing of judgments, or prescribing the effect of judicial sales of 
real estate: 

I (18) Regulating the fees or extending the powers and duties of aider- 
men, justices of the peace, magistrates or constables: 

(19) Regulating the management of public schools, the building or 
repairing of school-houses, and the raising of money for such purposes: 

(20) Fixing the rate of interest: 

(21) Affecting the estates of minors or persons under disability: 

(22) Remitting fines, penalities and forfeitures, or refunding moneys 
legally paid into the treasury: 

(23) Exempting property from taxation: 

(24) Regulating labor, trade, mining or manufacturing: 

(25) Creating corporations, or amending, renewing, extending or 
explaining the charter thereof: 

(26) Granting to any corporation, association or individual any 
special or exclusive right, privilege or immunity, or to any corporation, 
association or individual the right to lay down a railroad track: 

(27) Declaring any named person of age: 

(28) Extending the time for the assessment or collection of taxes, 
or otherwise relieving any assessor or collector of taxes from the due 
performance of their official duties, or theu* securities from liability: 


114 


THE GOVERNMENT OF MISSOURI 


(29) Giving effect to informal or invalid wills or deeds: 

(30) Summoning or empaneling grand or petit juries: 

(31) For limitation of civil actions: 

(32) Legalizing the unauthorized or invalid acts of any officer or 
agent of the State, or of any county or municipality thereof. In all 
other cases where -a general law can be made applicable, no local or 
special law shall be enacted; and whether a general law could have been 
made applicable in any case is hereby declared a judicial question, and 
as such shall be judicially determined, without regard to any legislative 
assertion on that subject. 

(33) Nor shall the General Assembly indirectly enact such special 
or local law by the partial repeal of a general law; but laws repealing 
local or special acts may be passed. 

Sect. 53. Local and special laws, notice of. — No local or special 
law shall be passed unless notice of the intention to apply therefor shall 
have been published in the locality where the matter or thing to be 
affected may be situated, which notice shall state the substance of the 
contemplated law, and shall be published at least thirty days prior to 
the introduction into the General Assembly of such bill, and in the 
manner to be provided by law. The evidence of such notice having 
been published shall be exhibited in the General Assembly before such 
act shall be passed, and the notice shall be recited in the act according 
to its tenor. 

Sect. 54. Extra sessions, power limited. — The General Assembly 
shall have no power, when convened in extra session by the Governor, 
to act upon subjects other than those specially designated in the proc¬ 
lamation by which the session is called, or recommended by special 
message to its consideration by the Governor after it shall have been 
convened. 

Sect. 55. Capital not to be removed. — The General Assembly shall 
have no power to remove the seat of government of this State from the 
city of Jefferson. 

Sect. 56. Initiative and referendum. — The legislative authority 
of the State shall be vested in a Legislative Assembly, consisting of a 
Senate and House of Representatives, but the people reserve to them¬ 
selves power to propose laws and amendments to the Constitution, and 
to enact or reject the same at the polls, independent of the Legislative 
Assembly, and also reserve power at their owm option to approve or 
reject at the polls any act of the Legislative Assembly. The first power 
reserved by the people is the initiative, and not more than eight per cent, 
of the legal voters in each of at least two-thirds of the congressional 
districts in the State shall be required to propose any measure by such 


THE CONSTITUTION 


115 


petition, and every such petition shall include the full text of the meas¬ 
ure so proposed. Initiative petitions shall be filed with the Secretary 
of State not less than four months before the election at which they are 
to be voted upon. The second power is the referendum, and it may 
be ordered (except as to laws necessary for the immediate preservation 
of the public peace, health or safety and laws making appropriations 
for the current expenses of the State Government, for the maintenance 
of the state institutions and for the support of public schools) either by 
the petitions signed by five per cent, of the legal voters in each of at 
least two-thirds of the congressional districts in the State, or by the 
Legislative Assembly, as other bills are enacted. Referendum petitions 
shall be filed with the Secretary of State not more than ninety days 
after the final adjournment of the session of the legislative assembly 
which passed the bill on which the referendum is demanded. The veto 
power of the Governor shall not extend to measures referred to the 
people. All elections on measures referred to the people of the State 
shall be had at the biennial regular general elections, except when the 
legislative assembly shall order a special election. Any measure 
referred to the people shall take effect and become the law when it is 
approved by a majority of the votes cast thereon, and not otherwise. 
The style of all bills shall be: “ Be it enacted by the people of the State 
of Missouri.” This section shall not be construed to deprive any 
member of the legislative assembly of the right to introduce any 
measure. The whole number of votes case for Justice of the Supreme 
Court at the regular election last preceding the filing of any petition 
for the initiative, or for the referendum, shall be the basis on which 
the number of legal voters necessary to sign such petition shall be 
counted. Petitions and orders for the initiative and for the referendum 
shall be filed with the Secretary of State, and in submitting the same to 
the people he, and all other officers, shall be guided by the general laws 
and the act submitting this amendment, until legislation shall be 
especially provided therefor. 


ARTICLE V. 

EXECUTIVE DEPARTMENT. 


Section 

1. Executive oflBcers, place of residence and duties. 

2. Terms of office — when elected — certain officers ineligible as their own 

successors. 

3. Returns of elections for executive officers — tie, how determined. 

4. The supreme executive power. 

5. Qualifications of governor. 


116 


THE GOVERNMENT OF MISSOURI 


Section 

6. Duties of governor, generally. 

7. Governor may call out militia and command them. 

8. Pardoning power of governor — report. 

9. Governor shall give information to general assembly — may call extra sessions. 

10. Governor’s message — to account for moneys and furnish estimates of expenses. 

11. Vacancies in office, how filled. 

12. Bills presented to governor for approval. 

13. Governor may object to a portion of an appropriation bill. 

14. Concurrent resolutions to be approved — effect of resolutions. 

15. Qualifications and duties of lieutenant-governor. 

16. Lieutenant-governor to act as governor, when. 

17. President pro tem. of the senate — other persons to act as governor, when. 

18. Pay of lieutenant-governor. 

19. Qualifications of executive officers. 

20. Seal of the state. 

21. Duties of secretary of state. 

22. Accounts and reports of executive officers and others, penalty for false report. 

23. Commissions of officers. 

24. Pay of executive officers not to be changed — fees to be paid into state 

treasury. 

25. Contested elections of executive officers. 

Section 1. Executive officers, residence and duties of. — The 
executive department shall consist of a Governor, Lieutenant-Governor, 
Secretary of State, State Auditor, State Treasurer, Attorney-General 
and Superintendent of Public Schools, all of whom, except the 
Lieutenant-Governor, shall reside at the seat of Government during 
their term of office, and keep the public records, books and papers 
there, and shall perform such duties as may be prescribed by law. 

Sect. 2. Terms of office — Governor and Treasurer ineligible to 
re-election — times of holding elections. — The term of office of the 
Governor, Lieutenant-Governor, Secretary of State, State Auditor, 
State Treasurer, Attorney-General and Superintendent of Public 
Schools shall be four years from the second Monday of January next 
after their election, and until their successors are elected and qualified; 
and the Governor and State Treasurer shall be ineligible to re-election 
as their own successors. At the general election to be held in the year 
one thousand eight hundred and seventy-six, and every four years 
thereafter, all of such officers, except the Superintendent of Public 
Schools, shall be elected, and the Superintendent of Public Schools 
shall be elected at the general election in the year one thousand eight 
hundred and seventy-eight, and every four years thereafter. 

Sect. 3. Returns of election — tie, how determined. — The returns 
of every election for the above named officers shall be sealed up and 
transmitted by the returning officers to the Secretary of State, directed 
to the Speaker of the House of Representatives, who shall, immediately 


THE CONSTITUTION 


117 


after the organization of the House, and before proceeding to other 
business, open and publish the same in the presence of a majority of 
each house of the General Assembly, who shall for that purpose as¬ 
semble in the hall of the House of Representatives. The person having 
the highest number of votes for either of said offices shall be declared 
duly elected; but if two or more shall have an equal and the highest 
number of votes, the General Assembly shall, by joint vote, choose one 
of such persons for said office. 

Sect. 4. The supreme executive power shall be vested in a chief mag¬ 
istrate, who shall be styled “ The Governor of the State of Missouri.’' 

Sect. 5. Governor, qualifications. — The Governor shall be at least 
thirty-five years old, a male, and shall have been a citizen of the United 
States ten years, and a resident of this State seven years next before 
his election. 

Sect. 6. Governor’s duties. — The Governor shall take care that the 
laws are distributed and faithfully executed; and he shall be a conserva¬ 
tor of the peace throughout the State. 

Sect. 7. Governor, commander-in-chief of militia. — The Governor 
shall be commander-in-chief of the militia of this State, except when 
they shall be called into the service of the United States, and may call 
out the same to execute the laws, suppress insurrection and repel in¬ 
vasion; but he need not command in person unless directed so to do by 
a resolution of the General Assembly. 

Sect. 8. Governor, grant pardons, report to General Assembly. — 
The Governor shall have power to grant reprieves, commutations and 
pardons, after conviction, for all offenses, except treason and cases of 
impeachment, upon such condition and with such restrictions and 
limitations as he may think proper, subject to such regulations as may 
be provided by law relative to the manner of applying for pardons. 
He shall, at each session of the General Assembly, communicate to that 
body each case of reprieve, commutation or pardon granted, stating 
the name of the convict, the crime of which he was convicted, the 
sentence and its date, the date of the commutation, pardon or reprieve, 
and the reason for granting the same. 

Sect. 9. Governor shall give information to General Assembly, 
may call extra sessions. — The Governor shall, from time to time, give 
to the General Assembly information relative to the state of the govern¬ 
ment, and shall recommend to its consideration such measures as he 
shall deem necessary and expedient. On extraordinary occasions 
he may convene the General Assembly by proclamation, wherein he 
shall state specifically each matter concerning which the action of that 
body is deemed necessary, 


118 


THE GOVERNMENT OF MISSOURI 


Sect. 10. Governor’s message — to account for moneys — furnish 
estimate of expenses. — The Governor shall, at the commencement of 
each session of the General Assembly, and at the close of his term of 
office, give information by message of the condition of the State, and 
shall recommend such measures as he shall deem expedient. He shall 
account to the General Assembly, in such manner as may be prescribed 
by law, for all moneys received and paid out by him from any funds 
subject to his order, with vouchers; and at the commencement of each 
regular session, |Dresent estimates of the amount of money required 
to be raised by taxation for all purposes. 

Sect. 11. Vacancies in office — Governor may fill. — When any 
office shall become vacant, the Governor, unless otherwise provided 
by law, shall appoint a person to fill such vacancy, who shall continue 
in office until a successor shall have been duly elected or appointed and 
qualified according to law. 

Sect. 12. Governor’s duty as to bills and joint resolutions presented 
to him. — The Governor shall consider all bills and joint resolutions, 
which, having been passed by both houses of the General Assembly, 
shall be presented to him. He shall, within ten days after the same 
shall have been presented to him, return to the house in which they 
respectively originated, all such bills and joint resolutions, with his 
approval indorsed thereon, or accompanied by his objections; Provided, 
That if the General Assembly shall finally adjourn within ten days after 
such presentation, the Governor may, within thirty days thereafter, 
return such bills and resolutions to the office of the Secretary of State, 
with his approval or reasons for disapproval. 

Sect. 13. He may object to part of an appropriation bill. — If any 
bill presented to the Governor contain several items of appropriation of 
money, he may object to one or more items while approving other 
portions of the bill. In such case he shall append to the bill, at the 
time of signing it, a statement of the items to which he objects, and the 
appropriations so qbjected to shall not take effect. If the General 
Assembly be in session, he shall transmit to the house in which the bill 
originated a copy of such statement, and the items objected to shall be 
separately reconsidered. If it be not in session, then he shall transmit 
the same within thirty days to the office of the Secretary of State, with 
his approval or reasons for disapproval. 

Sect. 14. Concurrent resolutions must be presented to Governor — 
exceptions — proceedings. — Every resolution to which the concur¬ 
rence of the Senate and House of Representatives may be necessary, 
except on questions of adjournment, of going into joint session, and of 
amending this Constitution, shall be presented to the Governor, and 


THE CONSTITUTION 


119 


before the same shall take effect, shall be proceeded upon in the same 
manner as in the case of a bill: Provided, That no resolution shall have 
the effect to repeal, extend, alter or amend any law. 

Sect. 15. Lieutenant-Governor, qualifications and duties. — The 
Lieutenant-Governor shall possess the same qualifications as the 
Governor, and by virtue of his office shall be President of the Senate. 
In committee of the whole he may debate all questions, and when there 
is an equal division he shall give the casting vote in the Senate, and also 
in joint vote of both houses. 

Sect. 16. Lieutenant-Governor to act as Governor, when. — In 
case of death, conviction or impeachment, failure to qualify, resigna¬ 
tion, absence from the State or other disability of the Governor, the 
powers, duties and emolmnents of the office for the residue of the term, 
or until the disability shall be removed, shall devolve upon the 
Lieutenant-Governor. 

Sect. 17. President pro tempore of Senate — other persons to act 
as Governor, when. — The Senate shall choose a president pro tempore 
to preside in cases of the absence or impeachment of the Lieutenant- 
Governor, or when he shall hold the office of Governor. If there be 
no Lieutenant-Governor, or the Lieutenant-Governor shall, for any of 
the causes specified in section sixteen of this article, become incapable 
of performing the duties of the office, the President of the Senate shall 
act as Governor until the vacancy is filled or the disability removed; 
and if the President of the Senate, for any of the above named causes, 
shall become incapable of performing the duties of Governor, the same 
shall devolve upon the Speaker of the House of Representatives, in the 
same manner and with the same powers and compensation as are pre¬ 
scribed in the case of the office devolving upon the Lieutenant-Governor. 

Sect. 18. Pay of Lieutenant-Governor and President pro tempore. — 
The Lieutenant-Governor or the President pro tempore of the Senate, 
while presiding in the Senate, shall receive the same compensation as 
shall be allowed to the Speaker of the House of Representatives. 

Sect. 19. Qualifications of other executive officers. — No person 
shall be eligible to the office of Secretary of State, State Auditor, State 
Treasurer, Attorney-General, or Superintendent of Public Schools, 
unless he be a male citizen of the United States and at least twenty-five 
years old, and shall have resided in this State at least five years next 
before his election. 

Sect. 20. Seal of the State. — The Secretary of State shall be the 
custodian of the seal of the State, and authenticate therewith all official 
acts of the Governor, his approval of laws excepted. The said seal 
shall be called the “ Great Seal of the State of Missouri,” and the em- 


120 


THE GOVERNMENT OF MISSOURI 


blems and devices thereof, heretofore prescribed by law, shall not be 
subject to change. 

Sect. 21. Secretary of State, duties of. — The Secretary of State 
shall keep a register of the official acts of the Governor, and when 
necessary, shall attest them, and lay copies of the same, together with 
copies of all papers relative thereto, before either house of the General 
Assembly whenever required to do so. 

Sect. 22. Executive officers, managers of institutions, duties, 
accounts, penalties. — An account shall be kept by the officers of the 
executive department of all moneys and choses in action disbursed or 
otherwise disposed of by them, severally, from all sources, and for every 
service performed; and a semi-annual report thereof shall be made to 
the Governor under oath. The Governor may at any time require 
information, in writing, under oath, from the officers of the executive 
department, and all officers and managers of state institutions, upon any 
subject relating to the condition, management and expenses of their 
respective offices and institutions; which information, when so required, 
shall be furnished by such officers and managers, and any officer or 
manager who at any time shall make a false report, shall be guilty of 
perjury and punished accordingly. ■' 

Sect. 23. Governor shall commission officers. — The Governor 
shall commission all officers not otherwise provided for by law. All 
commissions shall run in the name and by the authority of the State of 
Missouri, be signed by the Governor, sealed with the Great Seal of 
the State of Missouri, and attested by the Secretary of State. 

Sect. 24. Salary of executive officers not to be changed — fees to be 
paid into treasury. — The officers named in this article shall receive 
for their services a salary to be established by law, which shall not be 
increased or diminished during their official terms; and they shall not, 
after the expiration of the terms of those in office at the adoption of this 
Constitution, receive to their own use any fees, costs, perquisites of 
office, or other compensation. All fees that may hereafter be payable 
by law for any service performed by any officer provided for in this 
article shall be paid in advance into the State Treasury. 

Sect. 25. Contested elections of executive officers. — Contested 
elections of Governor and Lieutenant-Governor shall be decided by a 
joint vote of both houses of the General Assembly, in such manner as 
may be provided by law; and contested elections of Secretary of State, 
State Auditor, State Treasurer, Attorney-General and Superintendent 
of Public Schools shall be decided before such tribunal and in such 
manner as may be provided by law. 


THE CONSTITUTION 


121 


ARTICLE VI. 

JUDICIAL DEPARTMEN'T. 

Section 

1. Judicial power, where vested,. 

2. Jurisdiction'of supreme court. 

3. Superintending control of supreme court — power to issue writs, 

4. Term of oflBce of judges — chief justice. 

5. Quorum, number of judges, their duties. 

6. Qualifications of judges of .supreme court. 

7. Term of judges to commence, when. 

8. Term of present judges, elections to fill their places. 

9. Time and place of holding supreme court. 

10. Accommodations for supreme court. 

11. Judges divided in opinion. 

12. St. Louis court of appeals, jurisdiction of — appeals to supreme court. 

13. Judges of court of appeals, their number, elections, qualification and pay. 

14. Duties of judges — quorum — terms'of court. 

15. Opinions and practice in court of appeals. 

16. Election of judges — terms of office — presiding judge. 

17. Appointment of judges by the governor. 

18. First clerk of court of appeals. 

19. Cases in supreme court to be certified to court of appeals. 

20. Cases triable within what time. 

21. Supreme court at St. Louis and St. Joseph^iscontinued. 

22. Jurisdiction and terms of circuit court. 

23. Superintending control of circuit courts. 

24. Judicial circuits — may be changed, etc. — one judge to each. 

25. Election, terms of office and duties of circuit judges. 

26. Qualifications of circuit judges. 

27. Circuit court of St. Louis county — jurisdiction of court of appeals. 

28. Provisions for additional judges. 

29. When judge of neighboring circuit may preside. 

30. Election of judges — ties and contested elections. 

31. Criminal courts, where estabUshed. 

32. Vacancy in office of judge. 

33. Salaries of judges, not to be increased or diminished. 

34. Probate courts, jurisdiction and powers. 

35. Jurisdiction — practice — clerks of probate courts. 

36. County courts, jurisdiction"and judges of. 

37. Justices of the peace. 

38. Writs and prosecutions in name of state — conclusion of indictments. 

39. Clerks of courts, appointive and elective. 

40. Election of clerks, ties and contests. 

41. Removal of judges for disability. 

42. Provision as'to existing courts. 

43. Publication of judicial decisions, 

44. May be published by any person. 

AMENDMENT OF 1884. 

1. St. Louis court of appeals, extended jurisdiction — judges. 

2. Kansas City court of appeals established, terms, jurisdiction, judges. 


122 


THE GOVERNMENT OF MISSOURI 


Section 

3. Court of appeals, additional may be established — districts, etc., may be 

changed — transfer of cases. 

4. Kansas City court of appeals, first judges, appointment and election — constitu¬ 

tional provisions applicable. 

5. Supreme court, exclusive appellate jurisdiction of. 

6. When court of appeals cases may be certified to supreme court. 

7. Cases now pending in supreme court, transferred to Kansas City court of 

appeals. 

8. Supreme court, superintending control of. 

9. Kansas City court of appeals, court room and offices. 

10. Judges of courts of appeals, salaries, how paid. 

11. Constitution, inconsistent provisions rescinded. 

AMENDMENT OF 1890. 

1. Supreme court, number of judges, two divisions. 

2. Appointment of judges, election, terms, divisions, chief justice. 

3. Assignment of causes, practice, opinions, issue of writs. 

4. Transfer of cause to court en banc, when. 

5. Divisions to be dispensed with, when. 

6. Repeal of inconsistent provisions. 

Section 1. Judicial power, where vested. — The judicial power of 
the State, as to matters of law and equity, except as in this Constitution 
otherwise provided, shall be vested in a Supreme Court, the St. Louis 
Court of Appeals, circuit courts, criminal courts, probate courts, county 
courts and municipal corporation courts. 

Sect. 2. Supreme Court, jurisdiction of. — The Supreme Court, 
except in cases otherwise directed by this Constitution, shall have 
appellate jurisdiction only, which shall be coextensive with the State, 
under the restrictions and limitations in this Constitution provided. 

Sect. 3. Supreme Court, superintending control of — power to 
issue original writs. — The Supreme Court shall have a general superin¬ 
tending control over all inferior courts. It shall have power to issue 
writs of habeas corpus, mandamus, quo warranto, certiorari and other 
original remedial WTits, and to hear and determine the same. 

Sect. 4. Supreme Judges, term of office — Chief Justice. — The 
judges of the Supreme Court shall hold office for the term of ten years. 
The judge oldest in commission shall be Chief Justice of the Court; 
and, if there be more than one commission of the same date, the court 
may select the Chief Justice from the judges holding the same. 

Sect. 5. Judges, number of — quorum — duties — election. — The 
Supreme Court shall consist of five judges, any three of whom shall 
constitute a quorum; and said judges shall be conservators of the peace 
throughout the State, and shall be elected by the qualified voters thereof. 

Sect. 6. Judges, qualifications. — The judges of the Supreme Court 
shall be citizens of the United States, not less than thirty years old, and 


THE CONSTITUTION 


123 


shall have been citizens of this State for five years next preceding their 
election or appointment, and shall be learned in the law. 

Sect. 7. Terms of judges commence, when. — The full terms of the 
judges of the Supreme Court shall commence on the first day of January 
next ensuing their election, and those elected to fill any vacancy shall 
also enter upon the discharge of their duties on the first day of January 
next ensuing such election. Those appointed shall enter upon the 
discharge of their duties as soon as qualified. 

Sect. 8. Terms of present judges — election of successors. — The 
present judges of the Supreme Court shall remain in office until the 
expiration of their respective terms of office. To fill their places as 
their terms expire, one judge shall be elected at the general election in 
eighteen hundred and seventy-six, and one every two years there¬ 
after. 

Sect. 9. Supreme Court, time and place of holding. — The Supreme 
Court shall be held at the seat of Government at such times as may be 
prescribed by law; and until otherwise directed by law, the terms of 
said court shall commence on the third Tuesday in October and April 
of each year. 

Sect. 10. Supreme Court, accommodations. — The State shall pro¬ 
vide a suitable court room at the seat of Government, in which the 
Supreme Court shall hold its sessions; also a clerk’s office, furnished 
offices for the judges, and the use of the State library. 

Sect. 11. Judges divided in opinion. — If, in any cause pending in 
the Supreme Court, or the St. Louis Court of Appeals, the judges sitting 
shall be equally divided in opinion, no judgment shall be entered therein 
based on such division; but the parties to the cause may agree upon some 
person, learned in the law, to act ^s special judge in the cause, who shall 
therein sit with the court, and give decision in the same manner and 
with the same effect as one of the judges. If the parties cannot agree 
upon a special judge, the court shall appoint one. 

Sect. 12. St. Louis Court of Appeals — jurisdiction — appeals to 
Supreme Court. — There is hereby established in the city of St. Louis 
an appellate court, to be known as the “St. Louis Court of Appeals,” 
the jurisdiction of which shall be coextensive with the city of St. Louis 
and the counties of St. Louis, St. Charles, Lincoln and Warren. Said 
court shall have power to issue writs of habeas corpus, quo warranto, 
mandamus, certiorari, and other original remedial writs, and to hear and 
determine the same; and shall have a superintending control over all 
inferior courts of record in said counties. Appeals shall lie from the 
decisions of the St. Louis Court of Appeals to the Supreme Court, and 
writs of error may issue from the Supreme Court to said court in the 


124 


THE GOVERNMENT OF MISSOURI 


following cases only: In all cases where the amount in dispute, exclusive 
of costs, exceeds the sum of two thousand five hundred dollars; in 
cases involving the construction of the Constitution of the United 
States or of this State; in cases where the validity of a treaty or statute 
of or authority exercised under the United States is drawn in question; 
in cases involving the construction of the revenue laws of this State, 
or the title to any ofiice under this State; in cases involving title to 
real estate; in cases where a county or other pohtical subdivision of the 
State or any State officer is a party, and in all cases of felony. 

Sect. 13. Judges of Court of Appeals, number, election, qualifica¬ 
tion and pay. — The St. Louis Court of Appeals shall consist of three 
judges, to be elected by the quahfied voters of the city of St. Louis, and 
the counties of St. Louis, St. Charles, Lincoln and Warren, who shall 
hold their offices for the period of twelve years. They shall be residents 
of the district composed of said counties, shall possess the same qualifica¬ 
tions as judges of the Supreme Court, and each shall receive the same 
compensation as is now or may be provided by law for the judges of 
the circuit court of St. Louis county, and be paid from the same sources: 
Provided, That each of said counties shall pay its proportional part of 
the same, according to its taxable property. 

Sect. 14. Judges, duties — quorum — terms of court. — The 
judges of said court shall be conservators of the peace throughout said 
counties. Any two of said judges shall constitute a quorum. There 
shall be two terms of said court to be held each year, on the first Monday 
of March and October, and the first term of said court shall be held on 
the first Monday in January, 1876. 

Sect. 15. Opinions of court — rules of practice. — The opinions of 
said court shall be in writing, and shall be filed in the cases in which 
they shall be respectively made, and become parts of their record; 
and all laws relating to the practice in the Supreme Court shall apply 
to this court, so far as the same may be applicable. 

Sect. 16. Election of judges — terms of office — presiding judge. — 
At the first general election held in said city and counties after the 
adoption of this Constitution, three judges of said court shall be elected, 
wffio shall determine by lot the duration of their several terms of office, 
which shall be respectively four, eight and twelve years, and certify 
the result to the Secretary of State; and every four years thereafter 
one judge of said court shall be elected to hold office for the term of 
twelve years. The term of office of such judges shall begin on the first 
Monday in January next ensuing their election. The judge having the 
oldest license to practice law in this State shall be the presiding judge of 
said court. 


THE CONSTITUTION 


125 


Sect. 17. Court of appeals, judges — appointment of. — Upon the 
adoption of this Constitution the Governor shall appoint three judges 
for said court, who shall hold their offices until the first Monday of 
January, eighteen hundred and seventy-seven, and until their suc¬ 
cessors shall be duly qualified. 

Sect. 18. Court of Appeals, first clerk. — The clerk of the Supreme 
Court at St. Louis shall be the clerk of the St. Louis Court of Appeals 
until the expiration of the term for which he was appointed clerk of the 
Supreme Court, and until his successor shall be duly qualified. 

Sect. 19. Cases pending in Supreme Court at St. Louis. — All cases 
which may be pending in the Supreme Court at St. Louis at the time of 
the adoption of this Constitution, which by its terms would come within 
the final appellate jurisdiction of the St. Louis Court of Appeals, shall 
be certified and transferred to the St. Louis Court of Appeals, to be 
heard and determined by said court. 

Sect. 20. Court of Appeals, when cases are triable in. — All cases 
coming to said court by appeal, or writ of error, shall be triable at the 
expiration of fifteen days from the fifing of the transcript in the office 
of the clerk of said court. 

Sect. 21. Supreme Court at St. Louis and St. Joseph discontinued. — 
Upon the adoption of this Constitution, and after the close of the next 
regular terms of the Supreme Court at St. Louis and St. Joseph, as now 
established by law, the office of the clerk of the Supreme Court at St. 
Louis and St. Joseph shall be vacated, and said clerks shall transmit to 
the clerk of the Supreme Court at Jefferson City all the books, records, 
documents, transcripts and papers belonging to their respective offices, 
except those required by section nineteen of this article to be turned over 
to the St. Louis Court of Appeals; and said records, documents, tran¬ 
scripts and papers shall become part of the records, documents, tran¬ 
scripts and papers of said Supreme Court at Jefferson City, and said 
court shall hear and determine all the cases thus transferred as other 
cases. 

Sect. 22. Circuit court, jurisdiction and terms. — The circuit court 
shall have jurisdiction over all criminal cases not otherwise provided for 
by law; exclusive original jurisdiction in all civil cases not otherwise 
provided for; and such concurrent jurisdiction with and appellate 
jurisdiction from inferior tribunals and justices of the peace as is or may 
be provided by law. It shall hold its terms at such times and places 
in each county as may be by law directed; but at least two terms shall 
be held every year in each county. 

Sect. 23. Circuit court, superintending control of. — The circuit 
court shall exercise a superintending control over criminal courts, 


126 


THE GOVERNMENT OF MISSOURI 


probate courts, county courts, municipal corporation courts, justices 
of the peace, and all inferior tribunals in each county in their respective 
circuits. 

Sect. 24. Judicial circuits — may be changed or abolished — one 
judge for each. — The State, except as otherwise provided in this 
Constitution, shall be divided into convenient circuits of contiguous 
counties, in each of which circuits one circuit judge shall be elected; 
and such circuits may be changed, enlarged, diminished or abohshed, 
from time to time, as public convenience may require; and whenever a 
circuit shall be abolished, the office of the judge of such circuit shall 
cease. 

Sect. 25. Circuit judges, terms and duties. — The judges of the 
circuit court shall be elected by the qualified voters of each circuit; 
shall hold their offices for the term of six years, and shall reside in and be 
conservators of the peace within their respective circuits. 

Sect. 26. Circuit judges, qualifications. — No person shall be eligi¬ 
ble to the office of judge of the circuit court who shall not have attained 
the age of thirty years, been a citizen of the United States five years, 
a qualified voter of this State for three years, and who shall not be a 
resident of the circuit in which he may be elected or appointed. 

Sect. 27. Circuit court of St. Louis County — jurisdiction of Court 
of Appeals. — The circuit court of St. Louis County shall be composed 
of five judges and such additional number as the General Assembly 
may from time to time provide. Each of said judges shall sit separately 
for the trial of causes and the transaction of business in special term. 
The judges of said circuit court may sit in general term, for the purpose 
of making rules of court, and for the transaction of such other business 
as may be provided by law, at such time as they may determine, but 
shall have no power to review any order, decision or proceeding of the 
court in special term. The St. Louis Court of Appeals shall have ex¬ 
clusive jurisdiction of all appeals from and writs of error to the circuit 
courts of St. Charles, Lincoln and Warren counties, and the circuit 
court of St. Louis County, in special term, and all courts of record 
having criminal jurisdiction in said counties. 

Sect. 28. Additional circuit judges, provision for. — In any circuit 
composed of a single county, the General Assembly may, from time to 
time, provide for one or more additional judges, as the business shall 
require; each of whom shall separately try cases and perform all other 
duties imposed upon circuit judges. 

Sect. 29. Vacancy in office, disability — another circuit judge may 
preside, etc. — If there be a vacancy in the office of judge of any circuit, 
or if the judge be sick, absent, or from any cause unable to hold any 


THE CONSTITUTION 


127 


term 6r part of term of court, in any county in his circuit, such term or 
part of term of court may be held by a judge of any other cii'cuit; and 
at the request of the judge of any circuit, any term of court or part of 
term in his circuit may be held by the judge of any other circuit, and in 
all such cases, or in any case where the judge cannot preside, the General 
Assembly shall make such additional provision for holding court as 
may be found necessary. 

Sect. 30. Judges, election of — ties and contests. — The election of 
judges of all courts of record shall be held as is or may be provided by 
law, and in case of a tie or contested election between the candidates, 
the same shall be determined as prescribed by law. 

Sect. 31. Criminal courts, where established. — The General 
Assembly shaU have no power to establish criminal courts, except in 
counties having a population exceeding fifty thousand. 

Sect. 32. Judges, vacancy, how filled. — In case the office of judge of 
any court of record become vacant by death, resignation, removal, 
failure to qualify, or otherwise, such vacancy shall be filled in the man¬ 
ner provided by law. 

Sect. 33. Judges, salaries not to be changed during term. — The 
judges of the Supreme, Appellate and Circuit courts, and of all other 
courts of record receiving a salary, shall, at stated times, receive such 
compensation for their services as is or may be prescribed by law; but 
it shall not be increased or diminished during the period for which they 
were elected. 

Sect. 34. Probate courts, jurisdiction and powers. — The General 
Assembly shall establish in every county a probate court, which shall be 
a court of record, and consist of one judge, who shall be elected. Said 
court shall have jurisdiction over all matters pertaining to probate 
business, to granting letters testamentary and of administration, the 
appointment of guardians and curators of minors and persons of un¬ 
sound mind, settling the accounts of executors, administrators, curators 
and guardians and the sale or leasing of lands by administrators, cura¬ 
tors and guardians; and also jurisdiction over all matters relating to 
apprentices: Provided, That until the General Assembly shall provide 
by law for a uniform system of probate courts, the jurisdiction of pro¬ 
bate courts heretofore established shall remain as now provided by law. 

Sect. 35. Probate courts, jurisdiction, practice and clerks. — Pro¬ 
bate courts shall be uniform in their organization, jurisdiction, duties 
and practice, except that a separate clerk may be provided for, or the 
judge may be required to act, ex officio, as his own clerk. 

Sect. 36. County courts. — In each county there shall be a county 
court, which shall be a court of record, and shall have jurisdiction to 


128 


THE GOVERNMENT OF MISSOURI 


transact all county and such other business as may be prescribed by 
law. The court shall consist of one or more judges, not exceeding 
three, of whom the probate judge may be one, as may be provided by 
law. 

Sect. 37. Justices of the peace. — In each county there shall be 
appointed, or elected, as many justices of the peace as the public good 
may require, whose powers, duties and duration in office shall be regu¬ 
lated by law. 

Sect. 38. Writs and prosecutions in name of State — conclusion of 
indictments. — All waits and process shall run and all prosecutions shall 
be conducted in the name of the “ State of Missouri; ” all writs shall 
be attested by the clerk of the court from which they shall be issued; 
and all indictments shall conclude, “ against the peace and dignity of 
the State.” 

Sect. 39. Clerks of courts, appointive and elective. — The St. Louis 
Court of Appeals and Supreme Court shall appoint their own clerks. 
The clerks of all other courts of record shall be elective, for such terms 
and in such manner as may be directed by law: Provided, That the 
term of office of no existing clerk of any court of record, not abolished 
by this Constitution, shall be affected by such law. 

Sect. 40. Clerks, election of — ties and contests. — In case there 
be a tie or a contested election between candidates for clerk of any 
court of record, the same shall be determined in such manner as may 
be directed by law. 

Sect. 41. Judge, removal for inability. — In case of the inability of 
any judge of a court of record to discharge the duties of his office with 
efficiency, by reason of continued sickness, or physical or mental in¬ 
firmity, it shall be in the power of the General Assembly, two-thirds of 
the members of each house concurring, with the approval of the Gover¬ 
nor, to remove such judge from office; but each house shall state on its 
respective journal the cause for which it shall wish his removal, and give 
him notice thereof, and he shall have the right to be heard in his 
defense, in such manner as the General Assembly shall by law direct. 

Sect. 42. Provisions as to existing courts. — All courts now existing 
in this State, not named or provided for in this Constitution, shall 
continue until the expiration of the terms of office of the several judges; 
and as such terms expire, the business of said courts shall vest in the 
court having jurisdiction thereof in the counties where said courts now 
exist, and all the records and papers shall be transferred to the proper 
courts. 

Sect. 43. Supreme Court, what opinions to be published. — The 
Supreme Court of the State shall designate what opinions delivered by 


THE CONSTITUTION 


129 


the court, or the judges thereof, may be printed at the expense of the 
State; and the General Assembly shall make no provision for payment 
by the State for the publication of any case decided by said court not 
so designated. 

Sect. 44. Judicial decisions free for publication. — All judicial 
decisions in this State shall be free for publication by any person. 

AMENDMENT OF 1884. 

COURT OF APPEALS. 

Section 1. St. Louis Court of Appeals, extended jurisdiction — 
judges. —• The jurisdiction of the St. Louis Court of Appeals is hereby 
extended so as to be coextensive with the counties of Monroe, Shelby, 
Knox, Scotland, Clark, Lewis, Marion, Ralls, Pike, Lincoln, Warren, 
St. Charles, St. Louis, Jefferson, Ste. Genevieve, Perry, Cape Girardeau, 
Scott, Mississippi, New Madrid, Pemiscot, Dunklin, Stoddard, Wayne, 
Bollinger, Madison, St. Francois, Washington, Franklin, Crawford, 
Iron, Reynolds, Carter, Butler, Ripley, Oregon, Shannon, Dent, Phelps, 
Pulaski, Texas, Howell, Ozark, Douglas, Wright, Laclede, Webster, 
Christian, Taney, Stone, Greene, Lawrence, Barry, Newton, and Mc¬ 
Donald, as well as the city of St. Louis; and each judge thereof, when 
hereafter elected, shall be elected by the qualified voters of the counties 
and of the city under the jurisdiction of said court, and shall be a resi¬ 
dent of the said territorial appellate district. 

Sect. 2. Kansas City Court of Appeals, jurisdiction, terms, judges. — 
There is hereby established at Kansas City an appellate court, to be 
known as the Kansas City Court of Appeals, the jurisdiction of which 
shall be coextensive with all the counties in the State except those 
embraced in the jurisdiction of the St. Louis Court of Appeals. There 
shall be held in each year two terms of said Kansas City Court of Ap¬ 
peals, one on the first Monday of March and one on the first Monday of 
October. The Kansas City Court of Appeals shall consist of three 
judges, who shall be elected by the qualified voters of the counties under 
the jurisdiction of said court, and shall be residents of said territorial 
appellate district. 

Sect. 3. Court of Appeals, one additional may be established — dis¬ 
tricts, terms and pecuniary jurisdiction may be changed — transfer 
of cases. — The General Assembly shall have power by law to create 
one additional court of appeals, with a new district therefor; to 
change the limits of the appellate districts, and the names of the 
courts of appeals, designating the districts by numbers or otherwise; 
to change the time of holding the terms of said courts; to increase 


130 


THE GOVERNMENT OF MISSOURI 


or diminish the pecuniary limit of the jurisdiction of the courts of 
appeals; to provide for the transfer of cases from one court of appeals 
to another court of appeals; to provide for the transfer of cases from 
a court of appeals to the Supreme Court, and to provide for the 
hearing and determination of such cases by the courts to which 
they may be transferred. 

Sect. 4. Kansas City Court of Appeals — first judges — constitu¬ 
tional provisions applicable to. — The first term of said Kansas City 
Court of Appeals shall be held on the first Monday of March in the 
year 1885, and the fii’st judges thereof shall, upon the adoption of this 
amendment, be appointed by the Governor of said State for the term 
of four years each, beginning on the fii’st day of January, 1885, and at 
the general election in the year 1888, the first election for the judges of 
said court shall be held, and- the provisions of the Constitution of the 
State concerning the organization, the judges, the powers, the jurisdic¬ 
tion and proceedings of the St. Louis Court of Appeals, as herein 
amended, shall in all appropriate respects apply to the Kansas City 
Court of Appeals, and to such additional court of aiipeals as may be by 
law created. 

Sect. 5. Supreme Court, exclusive appellate jurisdiction of. — In 
all causes or proceedings reviewable by the Supreme Court, writs of 
error shall run from the Supreme Court directly to the circuit courts 
and to courts having the jurisdiction pertaining to circuit courts, and 
in all such causes or proceedings, appeals shall lie from such trial courts 
directly to the Supreme Court, and the Supreme Court shall have ex¬ 
clusive jurisdiction of such writs of error and appeals, and shall in all 
such cases exclusively exercise superintending control over such trial 
courts. 

Sect. 6. Courts of Appeals cases may be certified to Supreme 
Court, when. —■ When any one of said courts of appeals shall in any 
cause or proceeding render a decision which any one of the judges 
therein sitting shall deem contrary to any previous decision of any one 
of said courts of appeals, or of the Supreme Court, the said Court of 
Appeals must, of its own motion, pending the same term and not after¬ 
ward, certify and transfer said cause or proceeding and the original 
transcript therein to the Supreme Court, and thereupon the Supreme 
Court must rehear and determine said cause or proceeding, as in case 
of jurisdiction obtained by ordinary appellate process; and the last 
previous rulings of the Suiu’eme Court on any question of law or equity 
shall, in all cases, be controlling authority in said Courts of Appeals. 

Sect. 7. Cases now pending in Supreme Court transferred to Kansas 
City Court of Appeals. — All cases which may be pending in the Supreme 


THE CONSTITUTION 


131 


Court at the time of the adoption of this amendment, which have not 
been submitted, and which by its terms would come within the terri¬ 
torial appellate jurisdiction of the Kansas City Court of Appeals, shall 
be certified and transferred to such court, to be heard and determined 
by it. 

Sect. 8. Supreme Court, superintending control of. — The Supreme 
Court shall have superintending control over the courts of appeals by 
mandamus, prohibition and certiorari. 

Sect. 9. Kansas City Court of Appeals, court-room and offices. — 
The State shall provide a suitable court-room at Kansas City, in which 
the Kansas City Court of Appeals shall hold its sessions; also a clerk’s 
office and furnished offices for the judges. 

Sect. 10. Judges of Courts of Appeals — salaries, how paid. — 
The judges of the Kansas City Court of Appeals, and of such additional 
court of appeals as may be created by law, shall each annually receive 
a salary of three thousand five hundred dollars per annum, which, 
together with the entire salaries of the judges of the St. Louis Court 
of Appeals, shall be paid out of the State Treasury, as the salaries of the 
judges of the Supreme Court are now paid, unless otherwise provided 
by law. 

Sect. 11. Constitution, inconsistent provisions rescinded. — All 
provisions of the Constitution of this State, and all laws of this State 
which are inconsistent with this amendment, shall, so far as inconsistent, 
upon its adoption, be forever rescinded and of no effect. 

AMENDMENT OF 1890. 

SUPREME COURT. 

Section 1. Number of judges — divisions of court — business 
divided — quorum. — The Supreme Court shall consist of seven judges, 
and, after the first Monday in January, 1891, shall be divided into two 
divisions, as follows: One division to consist of four judges of the court 
and to be known as division number one, the other to consist of the 
remaining judges and to be known as division number two. The 
divisions shall sit separately for the hearing and disposition of causes 
and matters pertaining thereto, and shall have concurrent jurisdiction 
of all matters and causes in the Supreme Court, except that division 
number two shall have exclusive cognizance of all criminal cases pending 
in said court: Provided, That a cause therein may be transferred to the 
court as provided in section four of this amendment. The division of 
business of which said divisions have concurrent jurisdiction shall be 
made as the Supreme Court may determine. A majority of the judges 


132 


THE GOVERNMENT OF MISSOURI 


of a division shall constitute a quorum thereof, and all orders,, judg¬ 
ments and decrees of either division, as to causes and matters pending 
before it, shall have the force and effect of those of the court. 

Sect. 2. Appointment and election of judges — term — divisions, 
how constituted — chief justice — presiding judges. — Upon the 
adoption of this amendment, the Governor shall appoint two additional 
judges of the Supreme Court, who shall hold their offices until the first 
Monday in January, 1893, and at the general election in the year 1892 
their successors shall be elected, who shall hold their offices for the term 
of ten years, as other judges of the Supreme Court. The two judges 
appointed by the Governor, together with the judge elected at the 
general election in the year 1890, shall constitute division number two, 
and the remaining judges shall constitute division number one. The 
court shall elect its chief justice and each division a presiding judge 
thereof. 

Sect. 3. Business divided, how — practice — opinions — original 
writs. — The Supreme Court shall assign to each division the causes 
and matters to be heard by it, of which assignment due public notice 
shall be given, and all laws relating to practice in the Supreme Court, 
as well as the rules of the Supreme Court, shall apply to each division 
so far as they may be applicable thereto. The opinion of each division 
shall be in writing, and shall be filed in the causes in which they shall 
be respectively made during the term at which the cause is submitted, 
and such opinions shall be a part of the records of the Supreme Court. 
Each division shall have authority to issue the original writs and exercise 
the powers enumerated in section three of article six of the Constitution. 

Sect. 4. Case transferred to court en banc, when. — When the 
judges of a division are equally divided in opinion in a cause, or when 
a judge of a division dissents from the opinion therein, or when a 
federal question is involved, the cause, on the application of the losing 
party, shall be transferred to the court for its decision; or when a 
division in which a cause is pending shall so order, the cause shall be 
transferred to the court for its decision. 

Sect. 5. Court may dispense with divisions — may redivide. — 
Whenever in the opinion of the Supreme Court the state of its docket 
with reference to the speedy disposition of the business of the court will 
justify dispensing with the divisions hereinbefore provided, the court 
shall dispense therewith, and the court shall thereafter hear and de¬ 
termine all causes pending in it: Provided, however, That the court 
shall have the power to again divide itself into two divisions, in like 
manner and with like power and effect as hereinbefore provided, when¬ 
ever in the opinion of six judges thereof, entered of record, the condi- 


THE CONSTITUTION 


133 


tion of its docket with reference to the speedy disposition of the busi¬ 
ness of the court shall so require; and in such division the four judges 
oldest in commission shall constitute division number one, and the 
remaining judges division number two. 

Sect. 6. Repealing clause. — All provisions of the Constitution of 
the State, and all laws thereof not consistent with this amendment, 
shall, upon its adoption, be forever rescinded and of no effect. 


ARTICLE VII. 

IMPEACHMENTS. 

Section 

1. Who liable, and for what causes. 

2. Trial of impeachments, punishment. 

Section 1. Officers liable to. — The Governor, Lieutenant-Governor, 
Secretary of State, State Auditor, State Treasurer, Attorney-General, 
Superintendent of Public Schools and Judges of the Supreme, Circuit 
and Criminal Courts, and of the St. Louis Court of Appeals, shall be 
liable to impeachment for high crimes or misdemeanors, and for mis¬ 
conduct, habits of drunkenness, or oppression in office. 

Sect. 2. House impeaches, Senate tries — proceedings — punish¬ 
ment. — The House of Representatives shall have the sole power of 
impeachment. All impeachments shall be tried by the Senate, and, 
when sitting for that purpose, the Senators shall be sworn to do justice 
according to law and evidence. When the Governor of the State is on 
trial, the Chief Justice of the Supreme Court shall preside. No person 
shall be convicted without the concurrence of two thirds of the Senators 
present. But judgment in such cases shall not extend any further than 
removal from office, and disqualification to hold any office of honor, 
trust or profit under this State. The party, whether convicted or 
acquitted, shall, nevertheless, be liable to prosecution, trial, judgment 
and punishment according to law. 

ARTICLE VHI. 

SUFFRAGE AND ELECTIONS. 

Section 

1. Time of holding general elections. 

2. Qualifications of voters. 

3. Mode of conducting elections and contests. 

4. Voters privileged from arrest, when. 

5. Registration of voters in certain cities, etc. 

6. Elections by persons in representative capacity, viva voce. 


134 


THE GOVERNMENT OF MISSOURI 


Section 

7. Residence as voter not gained or lost, when. 

8. Paupers and criminals disqualified. 

9. Contested elections generally. 

10. Criminals may be disqualified. 

11. United States soldiers not to vote, 

12. Aliens, etc., cannot hold office. 

Section 1. General elections, when held. — The general election 
shall be held biennially on the Tuesday next following the first Monday 
in November. The first general election under this Constitution shall 
be held on that day, in the year one thousand eight hundred and seventy- 
six; but the General Assembly may, by law, fix a different day — two 
thirds of all the members of each house consenting thereto. 

Sect. 2. Electors, quahfications of. — Every male citizen of the 
United States, and every male person of foreign birth who may have 
declared his intention to become a citizen of the United States according 
to law, not less than one year nor more than five years before he offers 
to vote, who is over the age of twenty-one years, possessing the following 
qualifications, shall be entitled to vote at aU elections by the people: 

First, He shall have resided in the State one year immediately pre¬ 
ceding the election at which he offers to vote. 

Second, He shall have resided in the county, city or town where he 
shall offer to vote at least sixty days immediately preceding the election. 

Sect. 3. Elections, how conducted and contested. — All elections 
by the people shall be by ballot; every ballot voted shall be numbered 
in the order in which it shall be received, and the number recorded by 
the election officers on the list of voters, opposite the name of the voter 
who presents the ballot. The election officers shall be sworn or affirmed 
not to disclose how any voter shall have voted, unless required to do so 
as witnesses in a judicial proceeding: Provided, That in all cases of 
contested elections the ballots cast may be counted, compared with the 
list of voters, and examined under such safeguards and regulations as 
may be prescribed by law. 

Sect. 4. Voters free from arrest, when. — Voters shall, in aU 
cases except treason, felony or breach of the peace, be privileged from 
arrest during their attendance at elections, and in going to and returning 
therefrom. 

Sect. 5. Registration in certain cities and counties. — The General 
Assembly shall provide, by law, for the registration of all voters in 
cities and counties having a population of more than one hundred 
thousand inhabitants, and may provide for such registration in cities 
having a population exceeding twenty-five thousand inhabitants and 
not exceeding one hundred thousand, but not otherwise. 


THE CONSTITUTION 


135 


Sect. 6. Elections viva voce, when. — All elections, by persons in a 
representative capacity, shall be viva voce. 

Sect. 7. Residence as voter not gained or lost, when. — For the 
purpose of voting, no person shall be deemed to have gained a residence 
by reason of his presence, or lost it by reason of his absence while em¬ 
ployed in the service, either civil or military, of this State, or of the 
United States, nor while engaged in the navigation of the waters of the 
State or of the United States, or of the high seas, nor while a student of 
any institution of learning, nor while kept in a poor-house or other 
asylum at public expense, nor while confined in public prison. 

Sect. 8. Who disqualified as voters. — No person, while kept at any 
poor-house or other asylum, at public expense, nor while confined in any 
public prison, shall be entitled to vote at any election under the laws of 
this State. 

Sect. 9. Contested elections, trial of, etc. — The trial and determina¬ 
tion of contested elections of all public officers, whether State, judicial, 
municipal or local, except Governor and Lieutenant-Governor, shall 
be by the courts of law, or by one or more of the judges thereof. The 
General Assembly shall, by general law, designate the court or judge 
by whom the several classes of election contests shall be tried, and regu¬ 
late the manner of trial and all matters incident thereto; but no such 
law, assigning jurisdiction or regulating its exercises, shall apply to any 
contest arising out of any election held before said law shall take effect. 

Sect. 10. Criminals may be disqualified. — The General Assembly 
may enact laws excluding from the right of voting all persons convicted 
of felony or other infamous crime, or misdemeanors connected with the 
exercise of the right of suffrage. 

Sect. 11. United States ofl[icers, soldiers and marines disquali¬ 
fied. — No officer, soldier or marine in the regular army or navy of the 
United States shall be entitled to vote at any election in this State. 

Sect. 12. Aliens not to hold office —■ residence required. — No 
person shall be elected or appointed to any office in this State, civil or 
military, who is not a citizen of the United States, and who shall not 
have resided in this State one year next preceding his election or 
appointment. 


ARTICLE IX. 

COUNTIES, CITIES AND TOWNS. 

Section 

1. Existing counties recognized. 

2. Removal of county seats. 

3. New counties — counties cannot be reduced below the ratio of representation. 

4. Portion of county stricken off and added to another. 


136 


THE GOVERNMENT OF MISSOURI 


Section 

5. Liability of new counties. 

6. Becoming stockholders, etc., prohibited — provision as to existing subscriptions. 

7. Organization and classification of cities and towns. 

8. Township organization adopted, how — justices of county court. 

9. Township organization discontinued, how. 

10. Sheriffs and coroners. 

11. Vacancy in office of sheriff and coroner. 

12. Fees of county officers, how provided for. 

13. Fees of officers generally — limit — quarterly returns. 

14. Provisions for extra officials. 

15. Consolidation of city and county governments. 

16. Charters of large cities, how framed, adopted and amended. 

17. Certain features of such charters. 

18. No person can hold two offices, when. 

19. Excess of municipal indebtedness, how paid. 

ST. LOUIS. 

20. May extend her limits and adopt a charter. 

21. Authentication of charter, judicial notice of. 

22. Amendment of charter. 

23. Certain special provisions. 

24. Courts of St. Louis county — eighth judicial circuit. 

25. St. Louis remains subject to general law. 


Section 1. Counties now existing recognized. — The several counties 
of this State, as they now exist, are hereby recognized as legal sub¬ 
divisions of the State. 

Sect. 2. County seats, removal of, when submitted. — The General 
Assembly shall have no power to remove the county seat of any county, 
but the removal of county seats shall be provided for by general law; 
and no county seat shall be removed unless two thirds of the qualified 
voters of the county, voting on the proposition at a general election, 
vote therefor; and no such proposition shall be submitted oftener than 
once in five years. All additions to a town wliich is a county seat shall 
be included, considered and regarded as part of the county seat. 

Sect. 3. New counties, size — division of counties by vote, etc. — 
The General Assembly shall have no power to establish any new county 
with a territory of less than four hundred and ten square miles, nor to 
reduce any county now established to a less area or less population than 
required for a ratio of representation existing at the time; but when a 
new county is formed having a population less than a ratio of repre¬ 
sentation, it shall be attached for representative purposes to the county 
from which the greatest amount of territory is taken until such ratio 
shall be obtained. No county shall be divided or have any portion 
stricken therefrom without submitting the question to a vote of the 
people of the county, nor unless a majority of all the qualified voters of 


THE CONSTITUTION 


137 


the county or counties thus affected, voting on the question, shall vote 
therefor; nor shall any new county be established, any line of which 
shall run within ten miles of the then existing county seat of any county. 
In all cases of the establishment of any new county, the new county 
shall be held for and obliged to pay its ratable proportion of all the 
liabilities then existing of the county or counties from which said new 
county shall be formed. 

Sect. 4. Counties, part stricken off, how. — No part of the territory 
of any county shall be stricken off and added to an adjoining 
county without submitting the question to the qualified voters of the 
counties immediately interested, nor unless a majority of all the quali¬ 
fied voters of the counties thus affected, voting on the question, shall 
vote therefor. When any part of a county is stricken off and attached 
to another county, the part stricken off shall be holden for and obliged 
to pay its proportion of all the liabilities then existing of the county 
from which it is taken. 

Sect. 5. New county, liability of. — When any new county, formed 
from contiguous territory taken from older counties, or when any county 
to which territory shall be added taken from an adjoining county shall 
fail to pay the proportion of indebtedness of such territory to the 
county or counties from which it is taken, then it may be lawful for 
any county from which such territory has been taken to levy and collect, 
by taxation, the due proportion of indebtedness of such territory, in 
the same manner as if the territory had not been stricken off. 

Sect. 6. Municipalities not to subscribe to capital stock nor aid 
corporations or institutions. — No county, township, city or other 
municipality shall hereafter become a subscriber to the capital stock 
of any railroad or other corporation or association, or make appropria¬ 
tion or donation, or loan its credit to or in aid of any such corporation or 
association, or to or in aid of any college or institution of learning or 
other institution, whether created for or to be controlled by the State 
or others. All authority heretofore conferred for any of the purposes 
aforesaid by the General Assembly, or by the charter of any corpora¬ 
tion, is hereby repealed: Provided, however, That nothing in this 
Constitution contained shall affect the right of any such municipality 
to make such subscription, where the same has been authorized under 
existing law's by a vote of the people of such municipality prior to its 
adoption, or to prevent the issue of renev/al bonds, or the use of such 
other means as are or may be prescribed by law for the liquidation or 
payment of such subscription, or of any existing indebtedness. 

Sect. 7. Cities and towns, organization and classification. — The 
General Assembly shall provide, by general laws, for the organization 


138 


THE GOVERNMENT OF MISSOURI 


and classification of cities and towns. The number of such classes shall 
not exceed four; and the power of each class shall be defined by general 
laws, so that all such municipal corporations of the same class shall 
possess the same powers and be subject to the same restrictions. The 
General Assembly shall also make provisions, by general law, whereby 
any city, town or village, existing by virtue of any special or local law, 
may elect to become subject to, and be governed by, the general laws 
relating to such corporations. 

Sect. 8. Township organization adopted, how — county justices. — 
The General Assembly may provide, by general law, for township 
organization, under which any county may organize whenever a ma¬ 
jority of the legal voters of such county, voting upon that proposition, 
at any general election, shall so determine; and whenever any county 
shall adopt township organization, so much of this constitution as 
provides for the management of county affairs, and the assessment and 
collection of the revenue by county officers, in conflict with such general 
law for township organization, may be dispensed with, and the business 
of said county, and the local concerns of the several townships therein 
may be transacted in such manner as may be prescribed by law: Pro¬ 
vided, That the justices of the county court in such case shall not 
exceed three in number. 

Sect. 9. Township organization discontinued, how. — In any county 
which shall have adopted “ township organization,” the question of 
continuing the same may be submitted to a vote of the electors of 
such county at a general election, in the manner that shall be provided 
by law; and if a majority of all the votes cast upon that question shall 
be against township organization, it shall cease in said county; and all 
laws in force in relation to counties not having township organization 
shall immediately take effect and be in force in such county. 

Sect. 10. Election of sheriff and coroner. — There shall be elected 
by the qualified voters in each county on the first Tuesday next follow¬ 
ing the first Monday in November, A. D. 1908, and thereafter every 
four years, a sheriff and coroner. They shall serve for four years and 
until their successors be duly elected and qualified, unless sooner re¬ 
moved for malfeasance in office. Before entering on the duties of their 
office, they shall give security in the amount and in such manner as 
shall be prescribed by law, and shall be eligible only four years in any 
one period. Whenever a county shall be hereafter established, the 
Governor shall appoint a sheriff and coroner therein, who shall continue 
in office until the next succeeding general election and until their 
successors shall be duly elected and qualified. 

Sect. 11 . Sheriff and coroner — vacancy in office. — Whenever a 
vacancy shall happen in the office of sheriff or coroner, the same shall 


THE CONSTITUTION 


139 


be filled by the county court. If such vacancy happen in the office 
of sheriff more than nine months prior to the time of holding a general 
election, such county court shall immediately order a special .election 
to fill the same, and the person by it appointed shall hold office until 
the person chosen at such election shall be duly qualified; otherwise, 
the person appointed by such county court shall hold office until the 
person chosen at such general election shall be duly qualified. If any 
vacancy happen in the office of coroner, the same shall be filled for the 
remainder of the term by such county court. No person elected or 
appointed to fill a vacancy in either of said offices shall thereby be ren¬ 
dered ineligible for the next succeeding term. 

Sect. 12. Fees of county officers — how provided for. — The General 
Assembly shall, by a law uniform in its operation, provide for and 
regulate the fees of all county officers, and for this purpose may classify 
the counties by population. 

Sect. 13. Fees of county or city officers, limit — quarterly returns — 
penalty. — The fees of no executive or ministerial officer of any county 
or municipality, exclusive of the salaries actuallj" paid to his necessary 
deputies, shall exceed the sum of ten thousand dollars for any one 
year. Every such officer shall make return, quarterly, to the county 
court of all fees by him received, and of the salaries by him actually 
paid to his deputies or assistants, stating the same in detail, and verify¬ 
ing the same by his affidavit; and for any statement or omission in 
such return, contrary to truth, such officer shall be liable to the penal¬ 
ties of willful and corrupt perjury. 

Sect. 14. Additional officers, duties and terms. — Except as other¬ 
wise directed by this Constitution, the General Assembly shall provide 
for the election or appointment of such other county, township and 
municipal officers as public convenience may require; and their terms of 
office and duties shall be prescribed by law; but no term of office shall 
exceed four years. 

Sect. 15. City and coimty governments, consolidation of. — In all 
counties having a city therein containing over one hundred 'thousand 
inhabitants, the city and county government thereof may be con¬ 
solidated in such manner as may be provided by law. 

Sect. 16. Large cities may frame their own charters, how adopted 
and amended. — Any city having a population of more than one 
hundred thousand inhabitants may frame a charter for its own govern¬ 
ment, consistent with and subject to the Constitution and laws of this 
State, by causing a board of thirteen freeholders, who shall have been 
for at least five years qualified voters thereof, to be elected by the 
qualified voters of such city at any general or special election; which 


140 


THE GOVERNMENT OF MISSOURI 


board shall, within ninety days after such election, return to the chief 
magistrate of such city a draft of such charter, signed by the members of 
such board or a majority of them. Within thirty days thereafter, such 
proposed charter shall be submitted to the qualified voters of such city, 
at a general or special election, and if foiu--sevenths of such qualified 
voters voting thereat shall ratify the same, it shall, at the end of thirty 
days thereafter, become the charter of such city, and supersede any 
existing charter and amendments thereof. A duplicate certificate shall 
be made, setting forth the charter proposed and its ratification, which 
shall be signed by the chief magistrate of such city and authenticated 
by its corporate seal. One of such certificates shall be deposited in the 
office of the Secretary of State, and the other, after being recorded in 
the office of the recorder of deeds for the county in which such city 
lies, shall be deposited among the archives of such city, and all courts 
shall take judicial notice thereof. Such charter, so adopted, may be 
amended by a proposal therefor, made by the lavunaking authorities 
of such city, published for at least thirty days in three newspapers of 
largest circulation in such city, one of which shall be a newspaper 
l)rinted in the German language, and accepted by three-fifths of the 
qualified voters of such city, voting at a general or special election, and 
not otherwise; but such charter shall always be in harmony with and 
subject to the Constitution and laws of the State. 

Sect. 17. Provisions of such charters — alternative sections may be 
submitted to voters. — It shall be a feature of all such charters that 
they shall provide, among other things, for a mayor or clfief magistrate, 
and two houses of legislation, one of which at least shall be elected by 
general ticket; and in submitting any such charter or amendment 
thereto to the qualified voters of such city, any alternative section or 
article may be presented for the choice of the voters, and may be voted 
on separately, and accepted or rejected separately, without prejudice 
to other articles or sections of the charter or any amendment thereto. 

Sect. 18. No person can hold two offices, when. — In cities or 
counties having more than two hundred thousand inhabitants, no person 
shall, at the same time, be a State officer and an officer of any county, 
city or other municipality; and no person shall, at the same time, fill 
two municipal offices, either in the same or different municipalities; 
but this section shall not apply to notaries public, justices of the peace 
or officers of the militia. 

Sect. 19. Municipal indebtedness, pa3rment of. — The corporate 
authorities of any county, city, or other municipal subdivision of this 
State, having more than two hundred thousand inhabitants, which has 
already exceeded the limit of indebtedness prescribed in section twelve 


THE CONSTITUTION 


141 


of article X of this Constitution, may, in anticipation of the customary 
annual revenue thereof, appropriate, during any fiscal year, toward 
the general governmental expenses thereof, a sum not exceeding seven- 
eighths of the entire revenue applicable to general governmental pur¬ 
poses (exclusive of the payment of the bonded debt of such county, 
city or municipahty) that was actually raised by taxation alone during 
the preceding fiscal year; but until such excess of indebtedness cease, 
no further bonded debt shall be incurred, except for the renewal of 
other bonds. 


ST. LOUIS. 

Sect. 20. City of St. Louis, extension of limits, adoption of charter. — 

The city of St. Louis may extend its limits so as to embrace the parks 
now without its boundaries, and other convenient and contiguous 
territory, and frame a charter for the government of the city thus en¬ 
larged, upon the following conditions, that is to say: The council of 
the city and county court of the county of St. Louis shall, at the request 
of the mayor of the city of St. Louis, meet in joint session, and order an 
election, to be held as provided for general elections, by the qualified 
voters of the city and county, of a board of thirteen freeholders of such 
city or county, whose duty shall be to propose a scheme for the enlarge¬ 
ment and definition of the boundaries of the city, the reorganization of 
the government of the county, the adjustment of the relations between 
the city thus enlarged and the residue of St. Louis county, and the 
government of the city thus enlarged, by a charter in harmony with and 
subject to the Constitution and laws of Missouri, which shall, among 
other things, provide for a chief executive and two houses of legislation, 
one of which shall be elected by general ticket, which scheme and charter 
shall be signed in duplicate by said board or a majority of them, and one 
of them returned to the mayor of the city and the other to the presiding 
justice of the county court within ninety days after the election of such 
board. Within thirty days thereafter the city council and county court 
shall submit such scheme to the qualified voters of the whole county, 
and such charter to the qualified voters of the city so enlarged, at an 
election to be held not less than twenty nor more than thirty days after 
the order therefor; and if a majority of such qualified voters, voting 
at such election, shall ratify such scheme and charter, then such scheme 
shall become the organic law of the county and city, and such charter 
the organic law of the city, and at the end of sixty days thereafter shall 
take the place of and supersede the charter of St. Louis, and all amend¬ 
ments thereof, and all special laws relating to St. Louis county incon¬ 
sistent with such scheme. 


142 


THE GOVERNMENT OF MISSOURI 


Sect. 21. Scheme and charter, how authenticated — judicial 
notice. — A copy of such scheme and charter, with a certificate thereto 
appended, signed by the mayor and authenticated by the seal of the 
city, and also signed by the presiding justice of the county court and 
authenticated by the seal of the county, setting forth the submission of 
such scheme and charter to the qualified voters of such county and city, 
and its ratification by them, shall be made in duplicate, one of which 
shall be deposited in the office of the Secretary of State, and the other, 
after being recorded in the office of the recorder of deeds of St. Louis 
county, shall be deposited among the archives of the city, and there¬ 
after all courts shall take judicial notice thereof. 

Sect. 22. Charter, how amended and revised. — The charter so 
ratified may be amended by proposals therefor submitted by the law¬ 
making authorities of the city to the qualified voters thereof, at a 
general or special election held at least sixty days after the publication 
of such proposals and accepted by three-fifths of the qualified voters 
voting for or against each of said amendments so submitted; and the 
lawmaking authorities of such city may order an election by the qualified 
voters of the city of a board of thirteen freeholders of such city to pre¬ 
pare a new charter for such city, which said charter shall be in harmony 
with and subject to the Constitution and laws of the State, and shall 
provide, among other things, for a chief executive and at least one 
house of legislation to be elected by general ticket. Said revised 
charter shall be submitted to the qualified voters of such city at an 
election to be held not less than twenty nor more than thirty days after 
the order therefor, and if a majority of such qualified voters voting 
at such election ratify such charter, then said charter shall become the 
organic law of such city, and sixty days thereafter shall take effect and 
supersede the charter of such city and all special laws inconsistent 
therewith. 

Sect. 23. Charter in harmony with Constitution and laws — various 
provisions under. — Such charter and amendments shall always be in 
harmony with and subject to the Constitution and laws of Missouri, 
except only that provision may be made for the graduation of the rate 
of taxation for city purposes in the portions of the city which are added 
thereto by the proposed enlargement of its boundaries. In the ad¬ 
justment of the relations between city and county, the city shall take 
upon itself the entire park tax; and in consideration of the city becoming 
the proprietor of all the county buildings and property within its en¬ 
larged limits, it shall assume the whole of the existing'county debt, 
and thereafter the city and county of St. Louis shall be independent of 
each other. The city shall be exempted from all county taxation. The 


THE CONSTITUTION 


143 


judges of the county court shall be elected by the qualified voters out¬ 
side of the city. The city, as enlarged, shall be entitled to the same 
representation in the General Assembly, collect the State revenue and 
perform all other functions in relation to the State, in the same manner, 
as if it were a county as in this Constitution defined; and the residue 
of the county shall remain a legal county of the State of Missouri, under 
the name of the county of St. Louis. Until the next apportionment for 
Senators and Representatives in the General Assembly, the city shall 
have six Senators and fifteen Representatives, and the county one 
Senator and two Representatives, the same being the number of Sena¬ 
tors and Representatives to which the county of St. Louis, as now organ¬ 
ized, is entitled under section eight of article IV of this Constitution. 

Sect. 24. Courts of St. Louis, city and county. — The county and 
city of St. Louis, as now existing, shall continue to constitute the 
Eighth judicial circuit, and the jurisdiction of all courts of record, except 
the county court, shall continue until otherwise provided by law. 

Sect. 25. St. Louis subordinate as other cities and counties. — 
Notwithstanding the provisions of this article, the General Assembly 
shall have the same power over the city and county of St. Louis that it 
has over other cities and counties of this State. 


ARTICLE X. 

REVENUE AND TAXATION. 


Section 

1. The taxing power, how exercised. 

2. Power to tax corporations. 

3. Taxes to be collected for public purposes only — piust be uniform. 

4. Property to be taxed in proportion to value. 

5. Taxing railroads. 

6. Exemptions. 

7. Other exemptions void. 

8. Rate for state purposes. 

9. Municipalities liable for state taxes. 

10. General assembly shall not tax for municipal purposes. 

11. Rates for local purposes — limits — how increased — rate in St. Louis. 

12. Limitation on municipal indebtedness. 

12a. Certain cities allowed additional indebtedness for water works and light plants. 

13. Private property cannot be sold for municipal debts. 

14. Ordinance of 1865 — tax to pay bonded state debt. 

15. State funds to be deposited in bank. 

16. Treasurer’s accounts, quarterly statements. 

17. Speculation in public'funds prohibited. 

18. State board of equalization. 

19. Appropriations generally —^^statement of receipts and expenditures. 


144 


THE GOVERNMENT OF MISSOURI 


Section 

20. Moneys arising from loans, how-applied. 

21. Fees, dues from corporations on their capital stock — exceptions. 

22. Special road and bridge tax. 

26. Certificates of indebtedness to school funds. 


Section 1. Taxing power, how exercised. — The taxing power may¬ 
be exercised by the General Assembly for State purposes, and by counties 
and other municipal corporations, under authority granted to them by 
the General Assembly, for county and other corporate purposes. 

Sect. 2. Power to tax corporations not to be surrendered. — The 
power to tax corporations and corporate property shall not be sur¬ 
rendered or suspended by act of the General Assembly. 

Sect. 3. Taxes for public purposes only — must be uniform. — 
Taxes may be levied and collected for public purposes only. They 
shall be uniform upon the same class of subjects within the territorial 
limits of the authority levying the tax, and all taxes shall be levied and 
collected by general laws. 

Sect. 4. Taxes in proportion to value. — All property subject to 
taxation shall be taxed in proportion to its value. 

Sect. 5. Railway corporations — for what purposes — on what 
property. — All railroad corporations in this State, or doing business 
therein, shall be subject to taxation for State, county, school, municipal 
and other purposes, on the real and personal property owned or used by 
them, and on their gross earnings, their net earnings, their franchises 
and their capital stock. 

Sect. 6. Property exempt from taxation. — The property, real and 
personal, of the State, counties and other municipal corporations, and 
cemeteries, shall be exempt from taxation. Lots in incorporated cities 
or towns, or within one mile of the limits of any such city or town, to 
the extent of one acre, and lots one mile or more distant from such 
cities or towns, to the extent of five acres, with the buildings thereon, 
may be exempted from taxation, when the same are used exclusively 
for religious worship, for schools, or for purposes purely charitable; 
also, such property, real or personal, as may be used exclusively for 
agricultural or horticultural societies: Provided, That such exemptions 
shall be only by general law. 

Sect. 7. Other exemptions void. — All laws exempting property 
from taxation, other than the property above enumerated, shall be 
void. 

Sect. 8. Rate for State purposes. — The State tax on property, 
exclusive of the tax necessary to pay the bonded debt of the State, 
shall not exceed twenty cents on the hundred dollars valuation; and 


THE CONSTITUTION 


145 


whenever the taxable property of the State shall amount to nine hundred 
million dollars, the rate shall not exceed fifteen cents. 

Sect. 9. Liability of municipalities — no commutation. — No county, 
city, town or other municipal corporation, nor the inhabitants thereof, 
nor the property therein, shall be released or discharged from their or 
its proportionate share of taxes to be levied for State purposes, nor shall 
conunutation for such taxes be authorized in any form whatsoever. 

Sect. 10. General Assembly shall not tax for municipal purposes. — 
The General Assembly shall not impose taxes upon counties, cities, 
towns or other municipal corporations or upon the inhabitants or prop¬ 
erty thereof, for county, city, town or other municipal purposes, but 
niay, by general laws, vest in the corporate authorities thereof the power 
to assess and collect taxes for such purposes. 

Sect. 11. Rates for local purposes — limits — how increased for 
school and erecting public buildings — St. Louis may levy as if part 
of a county. — Taxes for county, city, town and school purposes may be 
levied on all subjects and objects of taxation; but the valuation of 
property therefor shall not exceed the valuation of the same property 
in such town, city or school district for State and county purposes. 
For county purposes the annual rate on property, in counties having 
six million dollars or less, shall not, in the aggregate, exceed fifty cents 
on the hundred dollars valuation; in counties having six million dollars 
and under ten million dollars, said rate shall not exceed forty cents on the 
hundred dollars valuation; in counties having ten million dollars and 
under thirty million dollars, said rate shall not exceed fifty cents on the 
hundred dollars valuation; and in counties having thirty million dollars 
or more, said rate shall not exceed thirty-five cents on the hundred 
dollars valuation. For city and town purposes the annual rate on prop¬ 
erty in cities and towns having thirty thousand inhabitants or more shall 
not, in the aggregate, exceed one hundred cents on the one hundred 
dollars valuation; in cities and towns having less than thirty thousand 
and over ten thousand inhabitants, said rate shall not exceed sixty cents 
on the hundred dollars valuation; in cities and towns having less than 
ten thousand and more than one thousand inhabitants, said rate shall 
not exceed fifty cents on the hundred dollars valuation; and in towns 
having one thousand inhabitants, or less, said rate shall not exceed 
twenty-five cents on the hundred dollars valuation. For school purposes 
in districts composed of cities which have one hundred thousand in¬ 
habitants or more, the annual rate on property shall not exceed sixty 
cents on the hundred dollars valuation and in other districts forty cents 
on the hundred dollars valuation: Provided, The aforesaid annual 
rates for school purposes may be increased, in districts formed of cities 


146 


THE GOVERNMENT OF MISSOURI 


and towns, to an amount not to exceed one dollar on the hundred dollars 
valuation, and in other districts to an amount not to exceed sixty-five 
cents on the hundred dollars valuation, on the condition that a majority 
of the voters who are tax-payers, voting at an election held to decide 
the question, vote for said increase. For the purpose of erecting public 
buildings in counties, cities or school districts, the rate of taxation herein 
limited may be increased when the rate of such increase and the purpose 
for which it is intended shall have been submitted to a vote of the people, 
and two-thirds of the qualified voters of such county, city or school 
district, voting at such election, shall vote therefor. The rate herein 
allowed to each county shall be ascertained by the amount of taxable 
property therein, according to the last assessment for State and county 
purposes, and the rate allowed to each city or town by the number of 
inhabitants, according to the last census taken under the authority of 
the State, or of the United States; said restrictions as to rates shall 
apply to taxes of every kind and description, whether general or special, 
except taxes to pay valid indebtedness now existing, or bonds which 
may be issued in renewal of such indebtedness: Provided, That the 
city of St. Louis may levy for municipal purposes, in addition to the 
municipal rate of taxation above provided, a rate not exceeding the 
rate which would be allowed for count}'^ purposes if said city were part 
of a county. 

Sect. 12. Municipal indebtedness, limit of — how increased — ex¬ 
ceptions as to St. Louis and Kansas City. — No county, city, town, 
township, school district or other political corporation or subdivision 
of the State shall be allowed to become indebted in any manner or for 
any purpose to an amount exceeding in any year the income and revenue 
provided for such year, without the assent of two-thirds of the voters 
thereof voting at an election to be held for that purpose; nor in cases 
requiring such assent shall any indebtedness be allowed to be incurred 
to an amount including existing indebtedness, in the aggregate exceed¬ 
ing five per centum on the value of the taxable property therein, to be 
ascertained by the assessment next before the last assessment for State 
and county purposes, previous to the incurring of such indebtedness: 
Provided, That with such assent any county may be allowed to become 
indebted to a larger amount for the erection of a court house or jail, or 
for the grading, construction, paving, or maintaining of paved, gravelled, 
macadamized or rock roads and necessary bridges and culverts therein; 
and provided further, that any county, city, town, township, school 
district or other political corporation or subdivision of the State, incur¬ 
ring any indebtedness requiring the assent of the voters as aforesaid, 
shall, before or at the time of doing so, provide for the collection of an 


THE CONSTITUTION 


147 


annual tax sufficient to pay the interest on such indebtedness as it falls 
due, and also to constitute a sinking fund for the payment of 'the princi¬ 
pal thereof, within twenty years from the time of contracting the same: 
And provided further, that the corporate authorities of the city of St. 
Louis are hereby authorized to issue interest-bearing bonds of said city 
in the amount of five milhon dollars, at a rate of interest not to exceed 
four per cent, per annum, the principal payable within thirty years from 
the date of their issue, and the proceeds thereof shall be paid to 
the corporation organized for the celebration of the Louisiana purchase 
centennial in said city, to be used by said corporation for said .celebra¬ 
tion, in holding a world’s fair or exposition in said city. And said 
corporate authorities of St. Louis shall be repaid as large a proportionate 
amount of the aid given by them as shall be repaid to the stock¬ 
holders of said corporation on the sum subscribed and paid by them, 
and any surplus remaining from the assets of said corporation after 
said stockholders and said city shall have been paid in full, shall be 
divided between said stockholders and said city in proportion to the 
aggregate amount of said stock so paid in and the amount so loaned by 
said city; and any amount so received by said city from said corpora¬ 
tion shall be paid into the sinking fund of said city for the redemption 
of its outstanding bonds: Provided, That if, at the election for the 
adoption of this amendment to the Constitution, a majority of the 
votes cast within the limits of said city of St. Louis voting for and against 
this amendment shall be against its adoption, then no bonds shall be 
issued under this amendment; and provided further, that no such 
indebtedness so created shall be in any part thereof paid by the State 
or from any State revenue, tax or fund, but the same shall be paid by 
the city of St. Louis alone. Provided, That in the city of St. Louis 
the amount of bonds now aggregating $6,111,000, that being the amount 
assumed by said city in the scheme of separation from the county of 
St, Louis, and the sum of $5,808,000 heretofore prior to January 1, 
1901, expended in the construction of waterworks for the city of St. 
Louis, and any bonds which may be hereafter issued by said city in the 
construction and improvement of waterworks, the payment of the in¬ 
terest whereon and the principal whereof, shall be provided from the 
revenues of said waterworks; that is to say, the amount of said bonds 
which shall be outstanding at any time shall not be included in the 
computation of the existing bonded indebtedness in determining the 
amount of bonds authorized to be issued by said city with the assent of 
two-thirds of the voters under the provisions of this article, but said 
city shall be authorized at any time to issue bonds, with the assent 
aforesaid, to an amount, including outstanding indebtedness, other than 


148 


THE GOVERNMENT OF MISSOURI 


that above named, to the amount of five per cent, of the value of the 
taxable property in said city, to be ascertained as above provided, and 
said city shall have power, vath such assent of the voters, to issue bonds 
for the construction and improvement of waterworks, the interest 
whereon and the principal whereof shall be provided for from the income 
of said waterworks. Said city shall estabhsh a sinking fund for the 
payment of the bonds so authorized according to the times fixed from 
the maturity of the same: Provided, further, that in the city of Kansas 
City, the amount of bonds issued by said city, bearing date July 1, 
1895, for acquiring waterworks and all bonds hereafter issued in re¬ 
newal of said bonds, or any portion thereof, shall not be included in the 
computation of the existing bonded indebtedness of said city in deter¬ 
mining the amount of bonds authorized to be issued by said city, with 
the assent of two-thirds of the voters under the provisions of this article, 
but said city shall be authorized at any time to issue bonds with the 
assent aforesaid, to an amount, including outstanding indebtedness, 
other than that above named, to the amount of five per centum of 
the value of the taxable property in said city, to be ascertained as above 
specified: Provided, further, that the provisions of this section shall not 
apply to counties having cities that now have or which may hereafter 
have one hundred thousand or more inhabitants; nor to cities that now 
have or may hereafter have over three hundred thousand inhabi¬ 
tants. 

Sect. 12a. Certain cities allowed to incur additional indebtedness 
for waterworks and light plants. —• Any city in this State containing 
not more than thirty thousand (30,000) nor less than two thousand 
(2,000) inhabitants may, with the assent of two-tliirda of the voters 
thereof, voting at an election to be held for that pui’pose, be allowed to 
become indebted in a larger amount than specified in section twelve of 
article ten (X) of the Constitution of this State, not exceeding an addi¬ 
tional five (5) per centum on the value of the taxable property therein, 
for the purpose of purchasing or constructing waterworks, electric or 
other fight plants, to be owned exclusively by the city so purchasing or 
constructing the same: Provided, That any such city incurring any such 
indebtedness requiring the assent of the voters as aforesaid, shall have 
the power to provide for, and, before or at the time of incurring such 
indebtedness, shall provide for the collection of an annual tax in addition 
to the other taxes provided for by this Constitution, sufficient to pay the 
interest on such indebtedness as it falls due, and also to constitute a 
sinking fund for the payment of the principal thereof, within twenty 
years from the time of contracting the same, any provision in this 
Constitution to the contrary notwithstanding. 


THE CONSTITUTION 


149 


Sect. 13. Private property not to be sold for municipal debt. — Pri¬ 
vate property shall not be taken or sold for the payment of the corporate 
debt of a municipal corporation. 

Sect. 14. Ordinance 1865, tax abolished — tax to pay bonded 
State debt. — The tax authorized by the sixth section of the ordinance 
adopted June sixth, one thousand eight hundred and sixty-five, is 
hereby abolished, and hereafter there shall be levied and collected an 
annual tax sufficient to pay the accruing interest upon the bonded debt 
of the State, and to reduce the principal thereof each year by a s um not 
less than two hundred and fifty thousand dollars; the proceeds of which 
tax shall be paid into the State treasury, and appropriated and paid out 
for the purposes expressed in the first and second subdivisions of section 
forty-two of Article IV of this Constitution, The funds and resources 
now in the State interest and State sinking funds shall be appropriated 
to the same purposes; and whenever said bonded debt is extinguished, 
or a sum sufficient therefor has been raised, the tax provided for in 
this section shall cease to be assessed. 

Sect. 15. Deposit of State funds by treasurer — how disbursed. — 
All moneys now, or at any time hereafter, in the State treasury, belong¬ 
ing to the State, shall, immediately on receipt thereof, be deposited by 
the Treasurer to the credit of the State for the benefit of the funds to 
which they respectively belong, in such bank or banks as he may, from 
time to time, with the approval of the Governor and Attorney-General, 
select, the said bank or banks giving security, satisfactory to the Gover¬ 
nor and Attorney-General, for the safe keeping and payment of such 
deposit, when demanded by the State Treasiuer on his check — such 
bank to pay a bonus for the use of such deposits not less than the bonus 
paid by other banks for similar deposits; and the same, together with 
such interest and profits as may accrue thereon, shall be disbursed by 
said Treasurer for the purposes of the State, according to law, upon 
warrants drawn by the State Auditor, and not otherwise. 

Sect. 16. Treasurer’s account — quarterly statements. — The 
Treasurer shall keep a separate account of the funds, and the number and 
amount of warrants received, and from whom; and shall publish, in 
such manner as the Governor may designate,: quarterly statements, 
showing the amount of State moneys and where the same are kept or 
deposited. 

Sect. 17. Officer not to speculate in public funds — felony. — The 
making of profit out of State, county, city, town or school district 
money, or using the same for any purpose not authorized by law, by 
any public officer, shall be deemed a felony, and shall be punished as 
provided by law. 


150 


THE GOVERNMENT OF MISSOURI 


Sect. 18. State Board of Equalization — members — duties. — 
There shall be a State Board of Equalization, consisting of the Governor, 
State Auditor, State Treasurer, Secretary of State and Attorney- 
General. The duty of said board shall be to adjust and equalize the 
valuation of real and personal property among the several counties in 
the State, and it shall perform such other duties as are or may be pre¬ 
scribed by law. 

Sect. 19. Money to be paid as appropriated — limit — how con¬ 
tinued — receipts and expenditures. — No moneys shall ever be paid 
out of the treasury of this State, or any of the funds under its manage¬ 
ment, except in pursuance of an appropriation by law; nor unless such 
payment be made, or a warrant shall have issued therefor, within two 
years after the passage of such appropriation act; and every such 
law, making a new appropriation, or continuing or reviving an appro¬ 
priation, shall distinctly specify the sum appropriated, and the object 
to which it is to be applied; and it shall not be sufficient to refer to any 
other law to fix such sum or object. A regular statement and account 
of the receipts and expenditures of all public money shall be published 
from time to time. 

Sect. 20. Money from loans, etc. — how applied by State or muni¬ 
cipal corporations. — The moneys arising from any loan, debt or lia¬ 
bility, contracted by the State, or any county, city, town or other 
municipal corporation, shall be applied to the purposes for which they 
were obtained, or to the repayment of such debt or liability, and not 
otherwise. 

Sect. 21. Corporations — fees to be paid when incorporated or 
capital stock increased — exceptions — franchises. — No corporation, 
company or association, other than those formed for benevolent, re¬ 
ligious, scientific or educational purposes, shall be created or organized 
under the laws of this State, unless the persons named as corporators 
shall, at or before the filing of the articles of association or incorpora¬ 
tion, pay into the State treasury fifty dollars for the first fifty thousand 
dollars or less of capital stock, and a further sum of five dollars for 
every additional ten thousand dollars of its capital stock. And no 
such corporation, company or association shall increase its capital 
stock without first paying into the treasury five dollars for every ten 
thousand dollars of increase: Provided, That nothing contained in this 
section shall be construed to prohibit the General Assembly from levy¬ 
ing a further tax on the franchises of such corporation. 

Sect. 22. Special road and bridge tax. — In addition to taxes author¬ 
ized to be levied for county purposes under and by virtue of section 11, 
article 10 of the Constitution of this State, the county court in the 


THE CONSTITUTION 


151 


several counties of this State not under township organization, and the 
township board of directors in the several counties under township 
organization, may, in their discretion, levy and collect, in the same 
manner as State and county taxes are collected, a special tax not ex¬ 
ceeding twenty-five cents on each one hundred dollars valuation, 
to be used for road and bridge purposes, but for no other purpose 
whatever; and the power hereby given said county courts and town¬ 
ship boards is declared to be a discretionary power. 

Sect. 26. Certificates of indebtedness to school funds confirmed — 
taxes to pay same. — All certificates of indebtedness of the State to 
the “ public school fund ” and to the ‘‘ seminary fund ” are hereby con¬ 
firmed as sacred obligations of the State to said funds, and they shall 
be renewed as they mature for such period of time and at such rate of 
interest as may be provided for by law. The General Assembly shall 
have the power to provide by law for the issuing certificates to the pub¬ 
lic school fund and seminary fund as the money belonging to said funds 
accumulates in the State treasury: Provided, That after the outstand¬ 
ing bonded indebtedness has been extinguished, all money accumulating 
in the State treasury for above named purposes shall be invested in 
registered county, municipal or school district bonds of this State of 
not less than par value. Whenever the State bonded debt is extin¬ 
guished or a sum sufficient therefor has been received, there shall be 
levied and collected, in lieu of the ten cents on the one hundred dollars 
valuation now provided for by the statutes, an annual tax not to exceed 
three cents on the one hundred dollars valuation, to pay the accruing 
interest on all the certificates of indebtedness, the proceeds of which 
tax shall be paid into the State treasury and appropriated and paid 
out for the specific purposes herein mentioned. 

ARTICLE XI. 

EDUCATION. 

Section 

1. Free schools for persons between ages of six and twenty years. 

2. Custody >f school 'fund — certain districts not entitled to any portion of 

funds. 

3. Schools for colored children. 

4. Board of education. 

5. State University — curators. 

6. Public school fund, how derived. 

7. Deficiency in public school fund. 

8. County school fund, how derived. 

9. Investment of public school fund. 

10. Investment of county school fund. 

11. Funds shall not be used for religious or sectarian purposes. 


152 


THE G(3VERXMENT OF MISSOURI 


Section 1. Free schools — school ages. — A general diffusion of 
knowledge and intelligence being essential to the preservation of the 
rights and liberties of the people, the General Assembly shall establish 
and maintain free public schools for the gratuitous instruction of all 
persons in this State between the ages of six and twenty years. 

Sect. 2. School funds, how disbursed — what districts entitled to. — 
The income of all the funds provided by the State for the support of 
free public schools shall be paid annually to the several county treas¬ 
urers, to be disbursed according to law; but no school district, in which 
a free public school has not been maintained at least three months dur¬ 
ing the year for which the distribution is made, shall be entitled to 
receive any portion of such funds. 

Sect. 3. Colored children, separate schools for. — Separate free 
public schools shall be established for the education of children of 
African descent. 

Sect. 4. Board of education. — The supervision of instruction in 
the public schools shall be vested in a “ Board of Education,” whose 
powers and duties shall be prescribed by law. The Superintendent of 
Public Schools shall be president of the board. The Governor, Secre¬ 
tary of State and Attorney-General shall be ex officio members, and, 
with the Superintendent, compose said Board of Education. 

Sect. 5. State University — curators. — The General Assembly 
shall, whenever the public school fund will permit and the actual 
necessity of the same may require, aid and maintain the State Uni¬ 
versity, now established, with its present departments. The govern¬ 
ment of the State University shall be vested in a Board of Curators, 
to consist of nine members, to be appointed by the Governor, by and 
with the advice and consent of the Senate. 

Sect. 6. Public school fund, from whence derived, not to be di¬ 
verted. — The proceeds of all lands that have been or hereafter may be 
granted by the United States to this State, and not otherwise appro¬ 
priated by this State or the United States; also, all moneys, stocks, 
bonds, lands and other property now belonging to any State fund for 
purposes of education; also, the net proceeds of all sales of lands and 
other property and effects that may accrue to the State by escheat, 
from unclaimed dividends and distributive shares of the estates of 
deceased persons; also, any proceeds of the sales of the public lands 
which may have been or hereafter may be paid over to this State 
(if Congress will consent to such appropriation); also, all other grants, 
gifts or devises that have been, or hereafter may be, made to this State, 
and not otherwise appropriated by the State or the terms of the grant, 
gift or devise, shall be paid into the State treasury, and securely invested 




THE CONSTITUTION 


153 


and sacredly preserved as a public school fund; the annual income of 
which fund, together with so much of the ordinary revenue of the 
State as may be by law set apart for that purpose, shall be faithfully 
appropriated for establishing and maintaining the free public schools 
and the State University in this article provided for, and for no other 
uses or purposes whatsoever. 

Sect. 7. Deficiency, how provided for — minimum from State 
revenue. — In case the public school fund now provided and set apart 
by law, for the support of free public schools, shall be insufficient to 
sustain a free school at least four months in every year in^each school 
district in this State, the General Assembly may provide for such 
deficiency in accordance ^vith section eleven of the article on revenue and 
taxation; but in no case shall there be set apart less than twenty- 
five per cent, of the State revenue, exclusive of the interest and sinking 
fund, to be applied annually to the support of the public schools. 

Sect. 8. County school fund, whence derived. — All moneys, 
stocks, bonds, lands and other property belonging to a county school 
fund, also the net proceeds from the sale of estrays, also the clear 
proceeds of all penalties and forfeitures, and of all fines collected in the 
several counties for any breach of the penal or military laws of the 
State, and all moneys which shall be paid by persons as an equivalent 
for exemption from military duty, shall belong to and be securely 
invested and sacredly preserved in the several counties as a county 
public school fund; the income of which fund shall be faithfully appro¬ 
priated for establishing and maintaining free public schools in the 
several counties of this State. 

Sect. 9. Public school fund, how invested. — No part of the public 
school fund of the State shall ever be invested in the stock or bonds or 
other obligations of any other State, or of any county, city, town or 
corporation; and the proceeds of the sales of any lands or other property 
which now belong or may hereafter belong to said school fund shall be 
invested in the bonds of the State of Missouri, or of the United States. 

Sec. 10. County School fund, how invested. — All county school 
funds shall be loaned only upon unencumbered real estate security of 
double the value of the loan, with personal security in addition thereto. 

Sect. 11. Religious or sectarian schools — public funds not to be 
paid or property granted to. — Neither the General Assembly nor any 
county, city, town, township, school district or other municipal corpora¬ 
tion, shall ever make an appropriation or pay from any public fund 
whatever, anything in aid of any religious creed, church or sectarian 
purpose, or to help to support or sustain any private or public school, 
academy, seminary, college, university or other institution of learning 


154 


THE GOVERNMENT OF MISSOURI 


controlled by any religious creed, church or sectarian denomination 
whatever; nor shall any grant or donation of personal property or 
real estate ever be made by the State, or any county, city, town or 
other municipal corporation, for any religious creed, church or sec¬ 
tarian purpose whatever. 


ARTICLE XIL 

CORPORATIONS. 

Section 

1. Existing unorganized corporations. 

2. To be created, etc., by general laws. 

3. Forfeited charters. 

4. Right of eminent domain — jury trials. 

5. Subject to police power of the State. 

6. Election of directors — cumulative voting. 

7. Not to engage in other business — holding real estate. 

8. Increase of stock and indebtedness. 

9. Individual liability of stockholders. 

10. Preferred stock, how issued. 

11. “ Corporation ” defined. 

^ RAILROADS. 

12. Discrimination prohibited — commutation tickets. 

13. Construction, connecting with other roads — to receive freight from other 

roads. 

14. Railways are public highways — laws to prevent discrimination. 

15. To keep a public office and books — meetings and reports of directors. 

16. Property liable to execution. 

17. Parallel lines, shall not consolidate nor be managed jointly. 

18. Consolidation with foreign companies. 

19. Retrospective laws in aid of corporations or imposing a new liability on the 

people forbidden. 

20. Street railroads, franchises. 

21. Benefit of future legislation. 

22. Officers not to be interested in business of company, nor furnish material. 

23. Discrimination between companies and individuals. 

24. Granting free passes to public officers prohibited. 

BANKS. 

25. No state bank shall be created — state shall not own stock in banks. 

26. Laws creating banks to be submitted to the people — exception. 

27. Receiving deposits after bank is insolvent. 

Section 1. Existing charters or grants without validity, when. — 
All existing charters, or grants of special or exclusive privileges, under 
which a bona fide organization shall not have taken place, and business 
been commenced in good faith, at the adoption of this Constitution, 
shall thereafter have no validity. 


THE CONSTITUTION 


155 


Sect. 2. Not to be created by special laws. — No corporation, after 
the adoption of this Constitution, shall be created by special laws; nor 
shall any existing charter be extended, changed or amended by special 
laws, except those for charitable, penal or reformatory purposes, which 
are under the patronage and control of the State. 

Sect. 3. Legislature not to remit forfeited charters. — The General 
Assembly shall not remit the forfeiture of the charter of any corpora¬ 
tion now existing, or alter or amend such forfeited charter, or pass any 
other general or special laws for the benefit of such corporation. 

Sect. 4. Eminent domain, right of State in corporation property — 
trial. — The exercise of the power and right of eminent domain shall 
never be so construed or abridged as to prevent the taking, by the 
General Assembly, of the property and franchises of incorporated 
companies already organized, or that may be hereafter organized, and 
subjecting them to the public use, the same as that of individuals. 
The right of trial by jury shall be held inviolate in all trials of claims for 
compensation, when in the exercise of said right of eminent domain, 
any incorporated company shall be interested either for or against the 
exercise of said right. 

Sect. 5. Police power of the State. — The exercise of the police 
power of the State shall never be abridged, or so construed as to permit 
corporations to conduct their business in such manner as to infringe upon 
the equal rights of individuals, or the general well-being of the State. 

Sect. 6. Election of directors — rights of shareholders — cumula¬ 
tive voting. — In all elections for directors or managers of any in¬ 
corporated company, each shareholder shall have the right to cast as 
many votes in the aggregate as shall equal the number of shares so held 
by him or her in said company, multiplied by the number of directors 
or managers to be elected at such election; and each shareholder may 
cast the whole number of votes, either in person or by proxy, for one 
candidate, or distribute such votes among two or more candidates; 
and such directors or managers shall not be elected in any other manner. 

Sect. 7. Corporation business limited by charter —■ power to hold 
real estate. — No corporation shall engage in business other than that 
expressly authorized in its charter or the law under which it may have 
been or hereafter may be organized, nor shall it hold any real estate for 
any period longer than six years, except such as may be necessary and 
proper for carrying on its legitimate business. 

Sect. 8. Stock and bonded debt, how issued or increased. — No 
corporation shall issue stock or bonds, except for money paid, labor 
done or property actually received, and all fictitious increase of stock or 
indebtedness shall be void. The stock and bonded indebtedness of 


156 


THE GOVERNMENT OF MISSOURI 


corporations shall not be increased, except in pursuance of general law, 
nor without the consent of the persons holding the larger amount in 
value of the stock first obtained at a meeting called for the purpose, 
first giving sixty days’ public notice, as may be provided by law'. 

Sect. 9. Stockholders, extent of liability. — Dues from private cor¬ 
porations shall be secured by such means as may be prescribed by law, 
but in no case shall any stockholder be individually liable in any 
amount over or above the amount of stock owmed by him or her. 

Sect. 10. Preferred stock, how issued. — No corporation shall issue 
preferred stock without the consent of all the stockholders. 

Sect. 11. Corporation defined. — The term corporation, as used in 
this article, shall be construed to include all joint stock companies or 
associations having any powers or privileges not possessed by individuals 
or partnerships. < 


RAILROADS. 

Sect. 12. Discrimination prohibited — commutation tickets. — It 

shall not be lawful in this State for any railway company to charge for 
freight or passengers a greater amount, for the transportation of the 
same, for a less distance than the amount charged for any greater 
distance; and suitable laws shall be passed by the General Assembly to 
enforce this provision; but excursion and commutation tickets may be 
issued at special rates. 

Sect. 13. May construct and operate, connect and intersect other 
lines —■ interchange of passengers and freight required. — Any rail¬ 
road corporation or association, organized for the purpose, shall have the 
right to construct and operate a railroad between any points within 
this State, and to connect at the State line with railroads of other 
States. Every railroad company shall have the right, with its road, to 
intersect, connect with or cross any other railroad, and shall receive 
and transport each the other’s passengers, tonnage and cars, loaded or 
empty, without delay or discrimination. 

Sect. 14. Railways public highways — laws against extortion, 
etc. — Railways heretofore constructed, or that may hereafter be con¬ 
structed in this State, are hereby declared public highw'ays, and rail¬ 
road companies common carriers. The General Assembly shall pass 
laws to correct abuses and prevent unjust discrimination and extortion 
in the rates of freight and passenger tariffs on the different railroads in 
this State, and shall from time to time pass laws establishing reasonable 
maximum rates of charges for the transportation of passengers and 
freight on said railroads, and enforce all such laws by adequate peiialties. 


THE CONSTITUTION 


157 


Sect. 15. Shall have public office in this State, keep books for 
public inspection — meetings of directors — reports. — Every rail¬ 
road or other corporation, organized or doing business in this State 
under the laws or authority thereof, shall have and maintain a public 
office or place in this State for the transaction of its business, where 
transfers of stock shall be made, and where shall be kept, for public 
inspection, books in which shall be recorded the amount of capital stock 
subscribed, the names of the owners of the stock, the amounts owned by 
them respectively, the amount of stock paid, and by whom, the transfer 
of said stock, with the date of transfer, the amount of its assets and 
liabilities, and the names and places of residence of its officers. The 
directors of every railroad company shall hold one meeting annually in 
this State, public notice of which shall be given thirty days previously, 
and shall report annually, under oath, to the State Auditor, or some 
officer designated by law, all of their acts and doings, which report shall 
include such matters relating to railroads as may be prescribed by law. 
The General Assembly shall pass laws enforcing, by suitable penalties, 
the provisions of this section. 

Sect. 16. Property subject to execution — no law to be passed 
exempting. — The rolling stock and all other movable property belong¬ 
ing to any railroad company or corporation in this State shall be con¬ 
sidered personal property, and shall be liable to execution and sale in 
the same manner as the personal property of individuals; and the 
General Assembly shall pass no law exempting any such property from 
execution and sale. 

Sect. 17. Shall not consolidate with parallel lines nor have joint 
officers. — No railroad or other corporation, or the lessees, purchasers 
or managers of any railroad corporation, shall consolidate the stock, 
property or franchises of such corporation with, or lease or purchase the 
works or franchises of, or in any way control, any railroad corporation 
owning or having under its control a parallel or competing line; nor 
shall any officer of such railroad corporation act as an officer of any other 
railroad corporation owning or having the control of a parallel or com¬ 
peting line. The question whether railroads are parallel or competing 
lines shall, when demanded, be decided by a jury, as in other civil 
issues. 

Sect. 18. Consolidation with foreign companies. — If any railroad 
‘company organized under the laws of this State shall consolidate, by 
sale or otherwise, with any railroad company organized under the law^s 
of any other State, or of the United States, the same shall not thereby 
become a foreign corporation; but the courts of this State shall retain 
jurisdiction in all matters which may arise, as if said consolidation had 


158 


THE GOVERNMENT OF MISSOURI 


not taken place. In no case shall any consolidation take place, except 
upon public notice of at least sixty days to all stockholders, in such 
manner as may be provided by law. 

Sect. 19. Retrospective laws in aid of corporations or imposing new 
liability on the people forbidden. — The General Assembly shall pass no 
law for the benefit of a railroad or other corporations, or any individual 
or association of individuals, retrospective in its operation, or which 
imposes on the people of any county or municipal subdivision of the 
State a new liability in respect to transactions or considerations already 
past. 

Sect. 20. Street railroadj franchise, how granted and transferred. — 
No law shall be passed by the General Assembly granting the right to 
construct and operate a street railroad within any city, town, village, or 
on any public highway, without first acquiring the consent of the local 
authorities having control of the street or highway proposed to be 
occupied by such street railroad; and the franchises so granted shall 
not be transferred without similar assent first obtained. 

Sect. 21. Railroad corporation, benefit of future legislation. — No 
railroad corporation in existence at the time of the adoption of this 
Constitution shall have the benefit of any future legislation, except on 
condition of complete acceptance of all the provisions of this Constitu¬ 
tion applicable to railroads. 

Sect. 22. Officer of railroad not to be interested in furnishing ma¬ 
terial or business. — No president, director, officer, agent or employe 
of any railroad company shall be interested, directly or indirectly, in 
furnishing material or supplies to such company, or in the business of 
transportation as a common carrier of freight or passengers over the 
works owned, leased, controlled or worked by such company. 

Sect. 23. Discrimination between companies and individuals. — 
No discrimination in charges or facilities in transportation shall be 
made between transportation companies and individuals, or in favor of 
either, by abatement, drawback or otherwise; and no railroad company, 
or any lessee, manager or employe thereof, shall make any preference in 
furnishing cars or motive power. 

Sect. 24. Free passes, granting to public officers, forfeiture. — 
No railroad or other transportation company shall grant free passes or 
tickets, or passes or tickets at a discount, to members of the General 
Assembly, or members of the Board of Equalization, or any State, or 
county, or municipal officers; and the acceptance of such pass or ticket, 
by a member of the General Assembly, or any such officer, shall be a 
forfeiture of his office. 




THE CONSTITUTION 


159 


BANKS. 

Sect. 25. State banks and State owning stock in banks forbidden. — 

No State bank shall hereafter be created, nor shall the State own or be 
liable for any stock in any corporation, or joint stock company, or 
association for banking purposes, now created or hereafter to be 
created. 

Sect. 26. Act creating banks to be submitted to the people — ex¬ 
ception. — No act of the General Assembly authorizing or creating 
corporations or associations with banking powers (except banks of 
deposit or discount), nor amendments thereto, shall go into effect, 
or in any manner be enforced, unless the same shall be submitted to a 
vote of the quahfied voters of the State, at the general election next 
succeeding the passage of the same, and be approved by a majority 
of the votes cast at such election. 

Sect. 27. Banks, insolvent, not to receive deposits. — It shall be 
a crime, the nature and punishment of which shall be prescribed by 
law, for any president, director, manager, cashier or other officer of 
any banking institution, to assent to the reception of deposits, or the 
creation of debts by such banking institution, after he shall have had 
knowledge of the fact that it is insolvent, or in failing circumstances; 
and any such officer, agent or manager shall be individually responsible 
for such deposits so received, and all such debts so created with his 
assent. 

ARTICLE XIII. 

MILITIA. 

Section 

1. Persons liable to military duty. 

2. Organization of militia. 

.3. Election of officers. 

4. Volunteer companies. 

5. Militia privileged from arrest. 

6. Appointment of officers by the governor. 

7. Public arms and military records. 

Section 1. Military duty, persons liable to. — All able-bodied 
male inhabitants of this State between the ages of eighteen and forty- 
five years, who are citizens of the United States, or have declared their 
intention to become such citizens, shall be liable to military duty in 
the mihtia of this State: Provided, That no person who is rehgiously 
scrupulous of bearing arms can be compelled to do so, but may be com¬ 
pelled to pay an equivalent for military service, in such manner as shall 
be prescribed by law. 


160 


THE GOVERNMENT OF MISSOURI 


Sect. 2. Militia, organization of. — The General Assembly, in 
providing for the organization, equipment and discipline of the militia, 
shall conform, as nearly as practicable, to the regulations for the govern¬ 
ment of the armies of the United States. 

Sect. 3. Officers, election of. — Each company and regiment shall 
elect its ovvn company and regimental officers; but if any company or 
regiment shall neglect to elect such officers within the time prescribed 
by law, or by the order of the Governor, they may be appointed by the 
Governor. 

Sect. 4. Companies, infantry and cavalry may be formed. — Volun¬ 
teer companies of infantry, cavalry and artillery may be formed in such 
manner and under such restrictions as may be provided by law. 

Sect. 5. Forces, privileged from arrest, when. — The volunteer 
and militia forces shall in all cases, except treason, felony and breach of 
the peace, be privileged from arrest during their attendance at musters, 
parades and elections, and in going to and returning from the same. 

Sect. 6. Officers, Governor shall appoint. — The Governor shall 
appoint the Adjutant-General, Quartermaster-General and his other 
staff officers. He shall also, with the advice and consent of the Senate, 
appoint all Major Generals and Brigadier Generals. 

Sect. 7. Arms and records. State shall keep. — The General As¬ 
sembly shall provide for the safe keeping of the public arms, mihtary 
records, banners and relics of the State. 

ARTICLE XIV. 

MISCELLANEOUS PROVISIONS. 

Section 

1. Public lands — lands of the United States exempt from taxation — taxing 

non-residents. 

2. Prosecutions for acts done under military authority forbidden. 

3. Dueling — the offender cannot hold office. 

4. Officers of the United States not eligible to state office. 

5. Tenure of office. 

6. Oath of office generally. 

7. Removal for misdemeanor in office. 

8. Fees not to be increased nor term of office extended. 

9. Appointment of officers. 

10. Lotteries prohibited. 

11. Officers having public funds, investigation by grand jury. 

12. Legislators privileged from arrest — freedom of debate. 

Section 1. Public lands — taxing land of United States and non¬ 
residents. — The General Assembly of this State shall never interfere 
with the primary disposal of the soil by the United States, nor with 





THE CONSTITUTION 


161 


any regulation which Congress may find necessary for securing the 
title in such soil to hona fide purchasers. No tax shall be imposed on 
lands the property of the United States; nor shall lands belonging to 
persons residing out of the limits of this State ever be taxed at a higher 
rate than the lands belonging to persons residing within the State. 

Sect. 2. Immunity from punishment for acts during Civil War, 
when. — No person shall be prosecuted in any civil action or criminal 
proceeding for or on account of any act by him done, performed or 
executed between the first day of January, one thousand eight hundred 
and sixty-one, and the twentieth day of August, one thousand eight 
hundred and sixty-six, by virtue of military authority vested in him, 
or in pursuance of orders from any person vested with such authority 
by the government of the United States, or of this State, or of the late 
Confederate States, or any of them, to do such act. And if any action 
or proceedings shall have been or shall hereafter be instituted against 
any person for the doing of any such act, the defendant may plead this 
section in bar thereof. 

Sect. 3. Dueling prohibited. — No person who shall hereafter fight 
a duel, or assist in the same as a second, or send, accept or knowingly 
carry a challenge therefor, or agree to go out of this State to fight a 
duel, shall hold any office in this State. 

Sect. 4. United States officer not to hold State office. — No person 
holding an office of profit under the United States shall, during his 
continuance in such office, hold any office of profit under this State. 

Sect. 5. Tenure of office. — In the absence of any contrary provi¬ 
sion, all officers now or hereafter elected or appointed, subject to the 
right of resignation, shall hold office during their official terms, and until 
their successors shall be duly elected or appointed and qualified. 

Sect. 6. Oath of office. — All officers, both civil and military, 
under the authority of this State, shall, before entering on the duties 
of their respective offices, take and subscribe an oath, or affirmation, 
to support the Constitution of the United States and of this State, and 
to demean themselves faithfully in office. 

Sect. 7. County, city, etc., officers — removal from office, when.— 
The General Assembly shall, in addition to other penalities, provide 
for the removal from office of county, city, town and township officers, 
on conviction of willful, corrupt or fraudulent violation or neglect of 
official duty. 

Sect. 8. Officers’ fees, etc., not to be increased nor term extended.— 
The compensation or fees of no State, county or municipal officer shall 
be increased during his term of office; nor shall the term of any office 
be extended for a longer period than that for which such officer was 
elected or appointed. 


162 


THE GOVERNMENT OF MISSOURI 


Sect. 9. Appointment of officers. — The appointment of all officers 
not otherwise directed by this Constitution shall be made in such 
manner as may be prescribed by law. 

Sect. 10. Lotteries prohibited. — The General Assembly shall have 
no power to authorize lotteries or gift enterprises for any purpose, 
and shall pass laws to prohibit the sale of lottery or gift enterprise 
tickets, or tickets in any scheme in the nature of a lottery, in this 
State; and aU acts or parts of acts heretofore passed by the Legislature 
of this State, authorizing a lottery or lotteries, and all acts amendatory 
thereof or supplemental thereto, are hereby avoided. 

Sect. 11. Officers having public funds, grand jury to investigate. — 
It shall be the duty of the grand jury in each county, at least once a 
year, to investigate the official acts of all officers having charge of 
public funds, and report the result of their investigations, in writing, 
to the court. 

Sect. 12. Members General Assembly not to be arrested, when — 
freedom of debate. — Senators and Representatives shall, in aU cases, 
except treason, felony, or breach of the peace, be privileged from arrest 
during the session of the General Assembly, and for fifteen days next 
before the commencement and after the termination of each session; 
and for any speech or debate in either house they shall not be questioned 
in any other place. 


ARTICLE XV. 

MODE OF AMENDING THE CONSTITUTION. 

Section 

1. Constitution may be amended. 

2. Amendments proposed, published and submitted to the people. 

3. Convention may be called to revise and amend. 

Section 1. Constitution, how amended. — This Constitution may 
be amended and revised only in pursuance of the provisions of this 
article. 

Sect. 2. General Assembly may propose amendments — how 
published — submitted to vote. — The General Assembly may, at 
any time, propose such amendments to this Constitution as a majority 
of the members elected to each house shall deem expedient; and the 
vote thereon shall be taken by yeas and nays, and entered in full on the 
journals. The proposed amendments shall be published with the laws 
of that session, and also shall be published weekly in some newspaper, 
if such there be, within each county in the State, for four consecutive 
weeks next preceding the general election then next ensuing. The 



THE CONSTITUTION 


163 


proposed amendments shall be submitted to a vote of the people, 
each amendment separately, at the next general election thereafter, 
in such manner as the General Assembly may provide. If a majority 
of the qualified voters of the State, voting for and against any one of 
said amendments, shall vote for such amendment, the same shall be 
deemed and taken to have been ratified by the people, and shall be 
valid and binding, to all intents and purposes, as a part of this Con¬ 
stitution. 

Sect. 3. Constitution, how revised and amended by convention, 

etc. — The General Assembly may at any time authorize, by law, a 
vote of the people to be taken upon the question whether a convention 
shall be held for the purpose of revising and amending the Constitution 
of this State; and if at such election a majority of the votes on the 
question be in favor of a convention, the Governor shall issue writs to 
the sheriffs of the different counties, ordering the election of delegates 
to such a convention, on a day not less than three and within six months 
after that on which the said question shall have been voted on. At 
such election each Senatorial district shall elect two delegates for each 
Senator to which it may then be entitled in the General Assembly, 
and every such delegate shall have the qualifications of a State Senator. 
The election shall be conducted in conformity with the laws regulating 
the election of Senators. The delegates so elected shall meet at such 
time and place as may be provided by law, and organize themselves 
into a convention, and proceed to revise and amend the Constitution; 
and the Constitution, when so revised and amended, shall, on a day 
to be therein fixed, not less than sixty days or more than six months 
after that on which it shall have been adopted by the convention, be 
submitted to a vote of the people for and against it, at an election 
to be held for that purpose; and if a majority of all the votes given be in 
favor of such Constitution, it shall, at the end of thirty days after such 
election, become the Constitution of this State. The result of such 
election shall be made known by proclamation by the Governor. The 
General Assembly shall have no power, otherwise than in this section 
specified, to authorize a convention for revising and amending the 
Constitution. 


SCHEDULE. 

Section 

1. Provision as to existing laws, rights and actions, 

2. Provision as to existing obligations, prosecutions, etc. 

3. Existing county and probate courts. 

4. Criminal courts. 

5. Courts of common pleas. 


164 


THE GOVERNMENT OF MISSOURI 


Section 

6. Existing officers to continue. 

7. Appeals returnable to Jefferson City. 

8. Provision for payment of bonded debt. 

9. Constitution to be submitted to a vote of the people. 

10. Clerks to furnish poll-books and ballots. 

11. Form of ballots. 

12. Returns of election — proclamation by governor. 

13. Result of election — constitution to take effect, when. 

14. Schedule to take effect immediately. 

15. Laws to enforce constitution. 

16. Provision as to existing executive officers. 

17. Preliminarj^ examinations and arrests. 


Existing laws, rights and actions. — That no inconvenience may arise 
from the alteration and amendments in the Constitution of this State, 
and to carry the same into complete effect, it is hereby ordained and 
declared: 

Section 1. That all laws in force at the adoption of this Constitu¬ 
tion, not inconsistent therewith, shall remain in full force until altered 
or repealed by the General Assembly; and all rights, actions, prosecu¬ 
tions, claims and contracts of the State, counties, individuals or bodies 
corporate, not inconsistent therewith, shall continue to be as valid 
as if this Constitution had not been adopted. The provisions of all 
laws which are inconsistent with this Constitution shall cease upon its 
adoption, except that all laws which are inconsistent with such pro¬ 
visions of tliis Constitution as require legislation to enforce them shall 
remain in force until the first day of July, one thousand eight hundred 
and seventy-seven, unless sooner amended or repealed by the General 
Assembly. 

Sect. 2. Existing obligations — criminal proceedings. — That all 
recognizances, obligations, and all other instruments entered into or 
executed before the adoption of this Constitution, to this State, or to 
any subdivision thereof, or any municipality therein; and all fines, 
taxes, penalities and forfeitures, due or owing to this State, or any such 
subdivision or municipality; and all writs, prosecutions, actions and 
causes of action, except as herein otherwise provided, shall continue 
and remain unaffected by the adoption of this Constitution. All 
indictments which shall have been found, or may hereafter be found, 
for any crime or offense committed before this Constitution takes 
effect, may be proceeded upon as if no change had taken place, except as 
otherwise provided in this Constitution. 

Sect. 3. County and probate courts. — All county and probate 
courts, as now constituted and organized, shall continue with their 



THE CONSTITUTION 


165 


jurisdiction, until the General Assembly shall by law conform them in 
their organization to the requirements of this Constitution. 

Sect. 4. Criminal courts. — All criminal courts organized and 
existing under the laws of this State, and not specially provided for in 
this Constitution, shall continue to exist until otherwise provided by 
law. 

Sect. 5. Courts of common pleas. — All courts of common pleas 
existing and organized in cities and towns having a population ex¬ 
ceeding three thousand five hundred inhabitants, and such as by the 
law of their creation are presided over by a judge of a circuit court, 
shall continue to exist and exercise their present jurisdiction until 
otherwise provided by law. All other courts of common pleas shall 
cease to exist at the expiration of the present terms of office of the 
several judges thereof. 

Sect. 6. Persons now in office. — All persons now filling any office 
or appointment in this State shall continue in the exercise of the duties 
thereof, according to their respective commissions or appointments, 
unless otherwise provided by law. 

Sect. 7. Appeals and writs of error. — Upon the adoption of this 
Constitution, all appeals to and writs of error from the Supreme Court 
shall be returnable to the Supreme Court at the City of Jefferson. 

Sect. 8. Bonded debt — payment of. — Until the General Assembly 
shall make provision for the payment of the State and railroad indebted¬ 
ness of this State, in pursuance of section fourteen of article X of this 
Constitution, there shall be levied and collected an annual tax of one- 
fifth of one per centum on all real estate and other property and effects 
subject to taxation, the proceeds of which shall be applied to the pay¬ 
ment of the interest on the bonded debt of this State as it matures, 
and the surplus, if any, shall be paid into the sinking fund and there¬ 
after applied to the pajment of such indebtedness, and to no other 
purpose. 

Sect. 9. Election for adoption or rejection of this Constitution. — 

This Constitution shall be submitted to the people of this State for 
adoption or rejection, at an election to be held for that purpose only, 
on Saturday, the thirtieth day of October, one thousand eight hundred 
and seventy-five. Every person entitled to vote under the Constitu¬ 
tion and laws of this State shall be entitled to vote for the adoption or 
rejection of this Constitution. Said election shall be held and said 
qualified electors shall vote at the usual places of voting in the several 
counties of this State; and said election shall be conducted and returns 
thereof made according to the laws now in force regulating general 
elections. 


166 


THE GOVERNMENT OF MISSOURI 


Sect. 10. Poll-books, ballots, etc. — The clerks of the several 
county courts in this State shall, at least five days before said election, 
cause to be delivered to the judges of election in each election district 
or precinct in their respective counties, suitable blank poll-books, 
forms of return and five times the number of properly prepared printed 
ballots for said election that there are voters in said respective districts, 
the expense whereof shall be allowed and paid by the several county 
courts, as other county expenditures are allowed and paid. 

Sect. 11. Ballots, form of. — At said election the ballots shall be in 
the following form; New Constitution ticket {erase the clause you do not 
favor). New Constitution, — Yes. New Constitution, — No. Each 
of said tickets shall be counted as a vote for or against this Constitution, 
as the one clause or the other may be canceled with ink or pencil by the 
voter, and returns thereof shall be made accordingly. If both clauses 
of the ticket be erased, or if neither be erased, the ticket shall not be 
counted. 

Sect. 12. Returns of election — proclamation by Governor. — 

The returns of the whole vote cast for the adoption and against the 
adoption of this Constitution shall be made by the several clerks, as 
now provided by law in case of the election of State officers, to the 
Secretary of State, within twenty days after the election; and the 
returns of said votes shall, within ten days thereafter, be examined and 
canvassed by the State Auditor, State Treasurer and Secretary of State, 
or any two of them, in the presence of the Governor, and proclamation 
shall be made by the Governor forthwith of the result of the canvass. 

Sect. 13. Result of election — Constitution to take effect, when. — 
If, upon such canvass, it shall appear that a majority of the votes 
polled were in favor of the new Constitution, then this Constitution 
shah, on and after the thirtieth day of November, one thousand eight 
hundred and seventy-five, be the supreme law of the State of Missouri, 
and the present existing Constitution shall thereupon cease in all its 
provisions; but if it shall appear that a majority of the votes polled 
were against the new Constitution, then this Constitution shall be null 
and void, and the existing Constitution shall continue in force. 

Sect. 14. Schedule to take effect, when. — The provisions of this 
schedule required to be executed prior to the adoption or rejection of this 
Constitution, shall take effect and be in force immediately. 

Sect. 15. Laws to enforce Constitution. — The General Assembly 
shall pass all such laws as may be necessary to carry this Constitution 
into full effect. 

Sect. 16. Existing executive officers, provisions as to. — The 
present Secretary of State, State Auditor, Attorney-General and Super- 


THE CONSTITUTION 


167 


intendent of Public Schools shall, during the remainder of their terms of 
office, unless otherwise directed by law, receive the same compensation 
and fees as is now provided by law; and the present State Treasurer 
shall, during the remainder of the term of his office, continue to be 
governed by existing law, in the custody and disposition of the State 
funds, unless otherwise directed by law. 

Sect. 17. Arrests and preliminary examinations. — Section twelve 
of the Bill of Rights shall not be so construed as to prevent arrests and 
preliminary examination in any criminal case. 

Done in Convention, at the Capitol, in the City of Jefferson, on the 
second day of August, in the year of our Lord one thousand eight 
hundred and seventy-five, and of the Independence of the United 
States the one hundredth. 


7 . 




INDEX 


PAGE 

Adjutant-General. 67 

Agriculture, State Board. 68 

Appointive officers, 

Adjutant-General. 67 

Superintendent of Insurance. 67 

Warden of the Penitentiary.. 67 

Assessing property. 43 

Assessment of taxes. 89 

Assessor. 43 

Attorney-General. 62 

Australian Ballot System. 81 

Beer inspection. 68 

Board of Equalization. 65 

Board of Health, State. 68 

Board of School Directors. 15 

annual meeting of district 

electors. 14 

election of village board.... 16 

number elected. 15 

powers and duties. 15 

powers of annual meeting.... 14 

powers of village boards. 17 

qualifications. 15 

term of office. 15 

Branches of State government... 48 

Circuit Clerk. 42 

Circuit Court. 73 

Circuit Judges, 

election of. 73 

number of. 74 

qualifications of. 73 

salaries. 74 

Classes of cities. 24 

Common Pleas Court, explained.. 74 

Compensation of county officers. . 47 

Compensation of Gen. Assembly. 52 

Congressional townships defined.. 28 

diagram of. 29 

size of. 29 

Congressmen.55-56 

Constable, 

bond of. 34 

compensation of. 34 

duties and powers of. 34 

number of. 34 

term of. 34 

Constitutions, 

amendments. 11 

essential features of. 9 

how made. 10 

number of. 11 

Conveyances. 32 

Corners, survey. 31 

Coroner. 43 


PAGE 


Corporate power of cities. 25 

Corporate powers of townships... 36 

Correcting errors. 89 

Corrupt practices. 85 

County Assessor. 43 

County Board of Education. 46 

County boundaries. 40 

County Clerk. 42 

County Collector. 44 

County Court. 41 

County officers. 40 

County school fund. 18 

County seat. 40 

County Textbook Commission... 20 

County Treasurer. 44 

Court docket. 71 

Court records. 71 

Courts of Appeals..”_ 76 

judges of. 77 

qualifications of. 77 

Courts of record. 70 

Criminal Correction, Court of.,,. 76 

Criminal courts. 74 

Buchanan County. 75 

City of St. Louis. 76 

Fifteenth Judicial Circuit ... 75 

Greene County.75-76 

Jackson County. 75 

Delegated powers. 8 

District Clerk. 15 

Election of State officers. 57 

Election primaries. 82 

Election returns. 84 

Evolution of the school. 13 

Exceptions in voting. 80 

Exclusive powers of General As¬ 
sembly . 54 

Executive boards of the State 

government. 6i 

Executive powers of the city. 26 

Exemptions from taxation. 87 

Functions of city government.... 23 

Functions of the county. 39 

Fund Commissions. 55 

General Assembly. 52 

Governor, 

duties.. 58 

executive power of.. 58 

qualifications of. 58 

Governors of Missouri. 91 

Grain inspection. 68 

House officers. 49 

House of Representatives. 49 

Impeachments. 65 


169 

























































































170 


INDEX 


PAGE 


Incorporation of cities. 25 

Inspections, beer. 68 

grain. 68 

labor. 68 

petroleum. 68 

tobacco. 68 

Institutions, State. 22 

Insurance, Superintendent of... . 67 

Judges of elections. 83 

Judicial circuits. 74 

Judicial power in cities, towns, 

and villages. 26 

Judicial power of the State. 70 

Juries, defined. 72 

grand jury. 72 

petit jury... 72 

selection of juries. 73 

Jurisdiction of circuit courts. 73 

Justice of the Peace, 

election and term. 33 

jurisdiction of. 33 

qualifications of. 33 

Justification of public schools. ... 17 

Labor Commissioner. 68 

Land conveyance. 32 

Land records. 32 

Land sections. 30 

Land surveys. 29 

Law making. 53 

Laws of Missouri, some modern 

progressive. 90 

Legislative powers of cities. 25 

Legislative powers of State. 49 

Levying taxes. 89 

Lieutenant-Governor, 

duties and powers of. 59 

qualifications of. 59 

Limitations on j udges. 71 

Local government, units of. 12 

Local laws. 55 

Locating lands. 31 

Making laws. 53 

Maps of Missouri, 

congressional. 56 

judicial circuits. 74 

senatorial. 51 

Marking surveys. 31 

Method of voting. 84 

Missouri constitutions, 

how framed. 11 

method of amending. 11 

number of. 11 

Missouri lines. 31 

Municipal township defined. 33 

Nation, its relation to the State... 7 

National courts. 78 

National jurisdiction. 9 

Nature of city government. 23 

Need of taxes. 86 

Nomination of candidates. 82 

Official ballot. 83 

Official tenure. 47 

Order of appropriations.. 55 

Penitentiary. 65 

Petroleum inspection. 68 

Place of assessment. 88 

Polls and poll-books. 83 

Powers of county courts. 70 

Powers of each house. 54 


PAGE 

Powers of State courts. 57 

Primaries. 82 

Prime meridian. 31 

Principles of taxation.86-87 

Protection of voters. 80 

Probate Judge.. 46 

Prohibitions on legislation. 54 

Prosecuting Attorney. 45 

Public Administrator. 46 

Public lands. 28 

Public printing. 66 

Public schools established. 13 

Purposes of taxes. 87 

Qualifications for office. 81 

Qualifications of State officers.... 60 

Qualifications of voters. 80 

Railroad Commissioners. 63 

Ranges, township. 30 

Recorder. 42 

Registration. 81 

Regulation of suffrage. 100 

Relation of cities to counties. 23 

Relation of county to State. 39 

Representatives, 

apportionment of. 49 

election of. 51 

number of. 49 

qualifications of. 49 

Road overseers. 41 

Salaries of State officers. 64 

School districts, size and shape. . . 13-14 

School finances. 17 

School funds, 

appropriation of. 17 

county fund. 18 

encouraging facts. 21 

sober facts. 21 

special fund. 19 

State fund. 17 

tax levy for. 19 

township fund. 19 

School holidays. 16 

School periods. 16 

School Superintendent.46, 63 

School term. 16 

Scope of the State government... 48 

Seat of government. 55 

Secretary of State. 60 

Sections, township. 30 

Senate officers. 52 

Senatorial districts. 50 

Senators, 

apportionment of. 50 

classes of. 50 

election of. 51 

number of. 50 

qualifications of. 50 

Sheriff. 43 

Sources of revenue. 90 

Special charters. 27 

S.tate and Nation distinguished.. . 7 

State Auditor. 61 

State Board of Education. 66 

State Constitution. 11 

State executive officers. 100 

State, its relation to the Nation... 7 

State jurisdiction. 8 

State school fund. 17 

State Treasurer. 62 






























































































































INDEX 


Supreme Court, 

court in banc. 

divisions of. 

jurisdiction of. 

qualifications of judges. 

Svirveyor. 

Tax limitations. 

Tax rate for schools. 

Teachers, 

examinations. 

• qualifications of. 

Time' of elections. 

Tobacco inspection. 

Township. 

Township Assessor. 

Township board of directors 


171 


PAGE 

Township Clerk. 36 

Township Collector. 37 

Township conclusion. 38 

Township elections. 35 

Township officers.35, 36 

Township organization. 35 

unpopular. 38 

Township powers. 36 

Township Trustee. 37 

Treasury department. 60 

Units of local government. 12 

Village schools. 16 

Villages. 26 

Voting. 84 

Voting classes. 79 


PAGE 

77 

77 

78 

78 

45 

88 

17 

19 

20 

80 

68 

29 

37 

36 


12 
































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